BRS MEDIA .FM DOMAIN NAME REGISTRATION TERMS & CONDITIONS
(effective April 27, 1998. Revised December 1, 2017)
1. BRS Media, Inc. ("BRS") is responsible for the registration
of second-level Internet domain names in the top level FM
domain. BRS registers these second-level domain names on a
"first come, first served" basis. By registering a domain name,
BRS does not determine the legality of the domain name
registration, or otherwise evaluate whether that registration or
use may infringe upon the rights of a third party.
2. Responsibility. The entity applying for a domain name
("registrant") is solely responsible for selecting its own
domain name ("domain name") and maintaining for the continued
accuracy of the registration record. The registrant, by
completing and submitting the dotFM Domain Name Registration
Agreement ("Registration Agreement"), represents that the
statements in its application are true and that the registration
of the selected domain name, to the best of the registrant's
knowledge, does not interfere with or infringe upon the rights
of any third party. The registrant also represents that the
domain name is not being registered for any unlawful purpose.
3. Disputes. The .FM Registry has adopted the Uniform
Dispute Resolution Policy (UDRP) (www.icann.org/udrp)
for all .FM Domain Name registrations (https://dot.fm/dispute).
Trademark owners can choose to file a complaint with an
authorized domain dispute resolution provider(s).
The UDRP Policy
explains what trademark owners have to prove in order to take a
domain name away from the current holder, as well as what domain
name holders can use to show that they should be allowed to keep
the domain registration. The UDRP Rules outline the actual
process for filing a complaint (if you are a trademark owner)
and for responding to a complaint (if you are the domain name
holder). The registration of any Domain Name(s) shall be subject
to suspension, cancellation, or transfer pursuant to any
decision under the UDRP.
The Registry has authorized the following Domain Dispute
Resolution Provider(s) that can be approached under this policy:
WIPO
- Dispute Proceedings/Decisions:
http://www.wipo.int/amc/en/domains/search/
- Dispute Policy and Procedural Rules:
http://www.wipo.int/amc/en/domains/rules/
- Guide:
http://www.wipo.int/amc/en/domains/guide/
Disputes concerning or arising out of the
registration and use of .FM domain names brought by trademark
owners may be resolved in accordance with the Uniform Domain
Name Dispute Resolution Policy (UDRP) and filed with the World
Intellectual Property Organization (WIPO).
BRS neither acts as arbiter nor provides
resolution of disputes between registrants and third party
complainants arising out of the registration or use of a domain
name. Registrant agrees, as a condition to submitting the dotFM
Domain Name Registration Agreement, that the Registrant shall be
bound by BRS's current Terms & Conditions.
dotFM will not participate in any way in any dispute between you
and any party other than dotFM regarding the Registration and
use of your Domain. You will not name dotFM (BRS Media Inc.) as
a party or otherwise include dotFM in any such proceeding. In
the event that dotFM is named as a party in any such proceeding,
dotFM reserves the right to raise any and all defenses deemed
appropriate, and to take any other action necessary to defend
dotFM.
4. Terms & Conditions Modification(s). Registrant agrees that
BRS, in it's sole discretion, may change or modify these Terms &
Conditions at any time. Registrant agrees that Registrant's
maintaining the registration of a dotFM domain name after
changes or modification(s) to the Terms & Conditions become
effective constitutes Registrant's continued acceptance of these
changes or modification(s). BRS Media will post the revised
Terms & Conditions at https://www.dot.fm at least thirty (30)
calendar days before it becomes effective. Registrant agrees
that if Registrant considers any such changes or modification(s)
to be unacceptable, Registrant may request that the dotFM domain
name be deleted from the domain name database. Provision of
false Whois information can be grounds for cancellation of the
domain name registration with no refund of registration fee(s).
5. No Guarantee of Registration, Transfer or Renewal. As a
domain name Registrar, dotFM is, upon accepting your application
to register, transfer or renew a domain name, your sponsor for
that application. No domain name registrations shall be deemed
effective unless and until we deliver the domain name
registration or renewal application you provide us to the
appropriate Registry administrator, as applicable, and that
Registry administrator accepts your application and activates
your domain name registration or renewal. You will be entitled
to a refund only if your registration is unsuccessful. You
acknowledge and agree that dotFM does not guarantee that you
will be able to register, transfer or renew a desired domain
name, even if our systems indicate that domain name is available
or you are able to complete an order with respect to such name.
You also understand that dotFM cannot know with certainty
whether or not the domain name which you are seeking to register
is simultaneously being sought by a third party, or whether
there are any inaccuracies or errors in the domain name
registration or renewal process or related databases, including
the various WHOIS or other Registry databases. You also
acknowledge and agree that dotFM is not responsible for any
inaccuracies or errors in the domain name registration or
renewal process. YOU ARE SOLELY RESPONSIBLE FOR MAKING SURE THAT
YOUR REGISTRATION OR RENEWAL HAS BEEN PROPERLY PROCESSED. You
further acknowledge and agree that dotFM may elect to accept or
reject your application for registration, transfer or renewal
for any reason at its sole discretion, such rejection including,
but not limited to, rejection due to a request for registration
or renewal of a prohibited domain name. You also acknowledge and
agree that dotFM is not liable or responsible in any way for any
errors, omissions or any other actions by any third party
including any Registry administrator arising out of or related
to your application for and registration of, renewal of, or
failure to register or renew a particular domain name.
6. Payments and Fees. Premium .FM (.RADIO.fm & .RADIO.am) domain names have variable
registration fees starting at US $250.00/first year depending on the
domain selected and renewal at regular listed renewal fee. Payment is due at time of
registration. The non-refundable fee covers a period of one (1)
to five (5) years, depending on registrant's select at the time
of registration, for each new registration, and one (1) to (5)
years for each renewal, and includes any permitted
modification(s) to the dotFM domain name's record during the
period. ALL FEES ARE NON-REFUNDABLE AND NON-TRANSFERABLE, IN WHOLE OR IN PART, EVEN
IF YOUR SERVICE IS SUSPENDED, CANCELLED OR TRANSFERRED PRIOR TO
THE END OF THE THEN-CURRENT SERVICE TERM. All personal
checks and eChecks will be delayed fourteen (14) days until the
money is credited, which may delay Your usage of the product or
service, and any check that bounces will result in a US $25.00
bounced check fee. Credit cards that are declined for any reason
are subject to a $1.00 declination fee. In the event of a charge
back by a credit card company (or similar action by another
payment provider allowed by us) in connection with your payment
of fees for any Service(s), you agree that such action will
result in the suspension to any and all accounts you have with
us and that all rights to and interest in and use of any domain
name registration(s) services, website hosting, and/or email
services, including all data hosted on our systems shall be
assumed by us, as the case may be. We will reinstate your rights
to and control over these Services solely at our discretion, and
subject to our receipt of the unpaid fee(s) and a reinstatement
fee, currently set at US $75.00 per transaction.
7. Renewals: Domain names are registered on a yearly basis and
require the domain holder to renew the domain name in order to
maintain the rights to the domain name. ALL domains EXPIRE on
the domain name's expiration date. As a result your rights to
the domain name also EXPIRES on the domain name's expiration
date.
You acknowledge that it is your
responsibility to keep your own records and to maintain your own
reminders regarding when your domain name registration or other
Services are set to expire. As a convenience to you, and not as
a binding commitment, we a may notify you via an email message
or via your account when renewal fees are due. Should these fees
go unpaid, your Services will expire or be cancelled. Payment
must be made by credit card or such other method as we may allow
or require from time to time. You acknowledge that it is your
responsibility to keep your billing information up to date and
that we are not required to, but that we may, contact you to
update this information in the event that an attempted
transaction is not processed successfully.
To ensure continuation of service, please be certain you
renew the domain name BEFORE the expiration date. To
ensure continuation of service, please be certain you have a
valid e-mail address on file.
8. BRS registers domain names on a "first come, first served"
basis. By registering a domain name, BRS does not determine the
legality of the domain name registration, or otherwise evaluate
whether that registration or use may infringe upon the rights of
a third party. BRS Media neither acts as arbiter nor provides
resolution of disputes between registrants and third party
complainants arising out of the registration or use of a domain
name. This dotFM Domain Name Policy ("Policy") does not confer
any rights, procedural or substantive, upon third party
complainants. The entity applying for a domain name
("registrant") is solely responsible for selecting its own
domain name ("domain name") and maintaining for the continued
accuracy of the registration record. The registrant, by
completing and submitting the dotFM Domain Registration
Agreement ("Registration Agreement"), represents that the
statements in its application are true and that the registration
of the selected domain name, to the best of the registrant's
knowledge, does not interfere with or infringe upon the rights
of any third party. The registrant also represents that the
domain name is not being registered for any unlawful purpose.
9. Indemnity. The registrant hereby agrees to defend,
indemnify and hold harmless (i) BRS Media, its officers,
directors, employees and agents, and (ii) FSM Telecom ("FSM"),
its officers, directors, and employees, for any loss or damages
awarded by a court of competent jurisdiction resulting from any
claim, action, or demand arising out of or related to the
registration or use of the domain name. Such claims shall
include, without limitation, those based upon trademark or
service mark infringement, tradename infringement, dilution,
tortuous interference with contract or prospective business
advantage, unfair competition, defamation or injury to business
reputation.
10. The registrant agrees that BRS (and/or) FSM shall have the
right in its sole discretion to revoke, suspend, transfer or
otherwise modify a domain name registration upon thirty (30)
calendar days prior written notice.
11. Notices. All notices between BRS Media and its registrants
permitted or required under these Terms & Conditions shall be in
writing and shall be delivered by personal delivery, courier
delivery, facsimile transmission, electronic mail, and/or by
first class mail, and shall be deemed given upon delivery,
transmission, or seven (7) calendar days after deposit in the
mail, whichever occurs first. Initial notices shall be sent to
the domain name registrant at the address of the domain name
registrant listed in BRS Media's dotFM domain database.
12. Right of Refusal. We, in our sole discretion, reserve the
right to refuse to register your chosen domain name or register
you for other dotFM service(s), or to delete your chosen domain
name within the first thirty (30) calendar days from receipt of
your payment for such services. In the event we do not register
your chosen domain name or register you for other dotFM
service(s), or we delete your chosen domain name or other dotFM
service(s) within such thirty (30) calendar day period, we agree
to refund any applicable fee(s) you have paid. You agree that we
shall not be liable to you for loss or damages that may result
from our refusal to register your chosen domain name, the
deletion of your chosen domain name or refusal to register you
for other dotFM service(s).
13. DISCLAIMER. THE REGISTRANT AGREES THAT BRS MEDIA WILL NOT
BE LIABLE FOR ANY LOSS OF REGISTRATION AND USE OF REGISTRANT'S
dotFM 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 BRS MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL BRS MEDIA'S MAXIMUM LIABILITY EXCEED
FIVE HUNDRED ($500.00) DOLLARS.
14. These Terms & Conditions, as amended, and the current
dotFM Domain Name Registration Agreement together constitute the
complete and exclusive agreement between BRS Media and the
registrant, and supersede and govern all prior proposals,
agreements, or other communications. The registrant agrees that
registration of a domain name constitutes an agreement to be
bound by these Terms & Conditions, as amended from time to time.
.COM/.NET/.ORG Domain Name Registration Terms and Conditions
(effective July 1, 2002. Revised December 1, 2016)
1. dotFM/BRS Media, Inc. ("dotFM") is a domain registrar
partner of 1API GmbH an ICANN Accredited Registrar for
.com, .net, and .org domains. dotFM is responsible for the
registration of second-level and/or third-level Internet domain
names in the top level domains listed on it's home page
(www.dot.fm). dotFM registers these second and/or third-level
domain names on a "first come, first served" basis. By
registering a domain name, dotFM does not determine the legality
of the domain name registration, or otherwise evaluate whether
that registration or use may infringe upon the rights of a third
party.
2. Responsibility. The entity applying for a domain name
("registrant") is solely responsible for selecting its own
domain name ("domain name") and maintaining for the continued
accuracy of the registration record. The registrant, by
completing and submitting the dotFM Domain Name Registration
Agreement ("Registration Agreement"), represents that the
statements in its application are true and that the registration
of the selected domain name, to the best of the registrant's
knowledge, does not interfere with or infringe upon the rights
of any third party. The registrant also represents that the
domain name is not being registered for any unlawful purpose.
3. Disputes. The customer agrees to be bound by the
UDRP.
If any dispute arises the customer is responsible to protect his
interests. The customer accepts that dotFM acts as accredited
registrar and might be bound to cancel a domain or to transfer
it to a third party - according UDRP-regulations - if the
customer does not provide evidence within ten days after an
Administrative Panel's decision, that he has commenced a lawsuit
against the complainant in a Mutual Jurisdiction regarding the
right to use the disputed domain name. During a pending
administrative proceeding or during a period of fifteen (15)
days after such proceeding is concluded or during a pending
court proceeding or arbitration commenced regarding the domain
name the customer may not transfer the domain name registration
to a third party unless the third party agrees, in writing, to
be bound by the decision of the court or arbitrator.
4. Terms & Conditions Modification(s). Registrant agrees that
dotFM, in it's sole discretion, may change or modify these Terms
& Conditions at any time. Registrant agrees that Registrant's
maintaining the registration of a dotFM domain name after
changes or modification(s) to the Terms & Conditions become
effective constitutes Registrant's continued acceptance of these
changes or modification(s). dotFM will post the revised Terms &
Conditions at https://www.dot.fm at least thirty (30) calendar
days before it becomes effective. Registrant agrees that if
Registrant considers any such changes or modification(s) to be
unacceptable, Registrant may request that the dotFM domain name
be deleted from the domain name database. Provision of false
Whois information can be grounds for cancellation of the domain
name registration with no refund of registration fee(s).
5. No Guarantee of Registration, Transfer or Renewal. As a
domain name Registrar, dotFM is, upon accepting your application
to register, transfer or renew a domain name, your sponsor for
that application. No domain name registrations shall be deemed
effective unless and until we deliver the domain name
registration or renewal application you provide us to the
appropriate Registry administrator, as applicable, and that
Registry administrator accepts your application and activates
your domain name registration or renewal. You will be entitled
to a refund only if your registration is unsuccessful. You
acknowledge and agree that dotFM does not guarantee that you
will be able to register, transfer or renew a desired domain
name, even if our systems indicate that domain name is available
or you are able to complete an order with respect to such name.
You also understand that dotFM cannot know with certainty
whether or not the domain name which you are seeking to register
is simultaneously being sought by a third party, or whether
there are any inaccuracies or errors in the domain name
registration or renewal process or related databases, including
the various WHOIS or other Registry databases. You also
acknowledge and agree that dotFM is not responsible for any
inaccuracies or errors in the domain name registration or
renewal process. YOU ARE SOLELY RESPONSIBLE FOR MAKING SURE THAT
YOUR REGISTRATION OR RENEWAL HAS BEEN PROPERLY PROCESSED. You
further acknowledge and agree that dotFM may elect to accept or
reject your application for registration, transfer or renewal
for any reason at its sole discretion, such rejection including,
but not limited to, rejection due to a request for registration
or renewal of a prohibited domain name. You also acknowledge and
agree that dotFM is not liable or responsible in any way for any
errors, omissions or any other actions by any third party
including any Registry administrator arising out of or related
to your application for and registration of, renewal of, or
failure to register or renew a particular domain name.
6. Renewal Notices ICANN gTLDS: Approximately one month prior to the
expiration date of a domain name, the registrant will be emailed
an expiration notice to the registrant's email address.
Subsequently, approximately one week prior to the expiration
date of a domain name, a second notice will be emailed to the
registrant's email address. And if a domain is not renewed,
within five (5) days of a domain name's expiration date, the
registrant will be emailed a third notice stating the domain
name has expired.
Renewal and Restore Fees. The fees associated with renewing gTLDs are
located on our website at URL: <<https://dot.fm/pricing.cfm>>
7. Payments and Fees. The prices for domain registration and
other services of dotFM are published on its order page; these
prices can change at any time. All registration/service fees are
NON-REFUNDABLE AND NON-TRANSFERABLE. A $50.00 per transaction
chargeback fee applies to all chargeback disputes, even those
resolved. Any chargeback to a domain holder(s) account will
result in the suspension of all domains in the users account,
until the chargeback is resolved to the satisfaction of BRS
Media Inc.
8. Transfer to another Registrar. You agree that you may not
transfer your domain name registration to another domain name
registrar during the first sixty (60) days from the effective
date of your initial domain name registration with dotFM or
within 10 days of the effective expiration date. You agree to
provide written, signed authorization to dotFM for the transfer
of the domain name to another registrar and agree to pay any and
all fees that may be charged by dotFM to effect the transfer.
Your request to transfer to another registrar may be denied in
situations described in the Dispute Policy, including, but not
limited to: a dispute over the identity of the domain name
holder; bankruptcy; default in the payment of any fees; and/or
failure to provide written, signed authorization of the
transfer.
9. ICANN
Inter-Registrar Transfer Policy: As stated in the
ICANN Transfer Policy (1.2 "Designated Agent"), it allows an
individual or entity that the Prior Registrant or New Registrant
explicitly authorizes to approve a Change of Registrant on its
behalf. You authorize dotFM to act as your "Designated Agent" to
approve each "Change of Registrant" (or Material Change) on your
behalf (both terms are defined in ICANN's Transfer Policy). Also, we
will automatically implement the MUST IMPOSED 60-day inter-registrar
transfer lock following a "Change of Registrant" per ICANN's new
Transfer Policy.
10. Indemnity. The registrant hereby agrees to defend,
indemnify and hold harmless (i) BRS Media, its officers,
directors, employees and agents, for any loss or damages awarded
by a court of competent jurisdiction resulting from any claim,
action, or demand arising out of or related to the registration
or use of the domain name. Such claims shall include, without
limitation, those based upon trademark or service mark
infringement, tradename infringement, dilution, tortuous
interference with contract or prospective business advantage,
unfair competition, defamation or injury to business
reputation.
11. Notices. All notices between dotFM and its registrants
permitted or required under these Terms & Conditions shall be in
writing and shall be delivered by personal delivery, courier
delivery, facsimile transmission, electronic mail, and/or by
first class mail, and shall be deemed given upon delivery,
transmission, or seven (7) calendar days after deposit in the
mail, whichever occurs first. Initial notices shall be sent to
the domain name registrant at the address of the domain name
registrant listed in BRS Media's dotFM domain database.
12. DISCLAIMER. THE REGISTRANT AGREES THAT BRS MEDIA WILL NOT
BE LIABLE FOR ANY LOSS OF REGISTRATION AND USE OF REGISTRANT'S
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 BRS MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL BRS MEDIA'S MAXIMUM LIABILITY EXCEED
FIVE HUNDRED ($500.00) DOLLARS.
13. These Terms & Conditions, as amended, and the current dotFM Domain Name Registration Agreement together constitute the
complete and exclusive agreement between BRS Media and the
registrant, and supersede and govern all prior proposals,
agreements, or other communications. The registrant agrees that
registration of a domain name constitutes an agreement to be
bound by these Terms & Conditions, as amended from time to time.
Appendix for the Emoji Domain Names (Emoji).
By selecting and registering an Emoji Domain, registrant also
agrees the the following:
Emojis are still not accessible to many Internet
users. They do not, and may never, have the same functionality as
traditional ASCII domain names. By registering Emoji character domain names at this time you understand and assume the risk that your domain name registration may be temporarily or permanently suspended,
deleted or denied based on further developments by Internet standard-setting bodies.
WE EXPRESSLY DISCLAIM ANY WARRANTY THAT CURRENT OR FUTURE
ENCODING SCHEMES, PROTOCOLS AND OTHER EMOJI-ENABLING TECHNOLOGIES,
WHETHER PROVIDED BY US OR OTHERWISE, WILL BE APPROVED BY INTERNET
STANDARD-SETTING BODIES OR OTHERWISE SUCCESSFULLY DEPLOYED.
You assume all risks inherent in the experimental nature of this
service and the technologies supporting it. The encoding schemes,
protocols and other Emoji-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 Emoji Domain you have registered. You further understand and agree that
we may interrupt or deny Emoji 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 Emoji Domain you have registered or otherwise will not enable
such Emoji Domain to function as an Internet address.
We may, but shall not be obligated to, make any and all
modifications to an Emoji domain registration, including without limitation
changing the Emoji's ASCII-based translation, that we deem necessary
or appropriate for the purpose of bringing an Emoji 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.
Appendix for the Internationalized Domain Names (IDNs).
By selecting and registering an IDN, registrant
also agrees the the following:
IDNs registered on dotFM conform to IDN standards
endorsed by ICANN, however, IDNs are still not accessible to
most Internet users. They do not, and may never, have the same
functionality as traditional ASCII domain names. By registering
multilingual character domain names at this time you understand
and assume the risk that your domain name registration may be
temporarily or permanently suspended, deleted or denied based on
further developments by Internet standard-setting bodies.
WE EXPRESSLY DISCLAIM ANY WARRANTY THAT CURRENT
OR FUTURE ENCODING SCHEMES, PROTOCOLS AND OTHER IDN-ENABLING
TECHNOLOGIES, WHETHER PROVIDED BY US OR OTHERWISE, WILL BE
APPROVED BY INTERNET STANDARD-SETTING BODIES OR OTHERWISE
SUCCESSFULLY DEPLOYED.
You assume all risks inherent in the experimental
nature of this service and the technologies supporting it. The
encoding schemes, protocols and other IDN-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 IDN you have registered. You
further understand and agree that we may interrupt or deny IDN
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 IDN you have
registered or otherwise will not enable such IDN to function as
an Internet address.
We may, but shall not be obligated to, make any
and all modifications to an IDN registration, including without
limitation changing the IDN's ASCII-based translation, that we
deem necessary or appropriate for the purpose of bringing an IDN
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.
Appendix for the ID Domain Privacy Service - IDdp.Net.
By selecting the ID Domain Privacy Service, registrant also
agrees the the following:
IDdp.Net, a division of BRS Media Inc. ("IDdp.Net"), will be the
listed Registrant and domain owner as per the information
contained within the official whois record. Your name, postal
address, email address, phone and fax numbers shall be kept
confidential. Additional restrictions and stipulations
pertaining to the ID Domain Privacy Service are as follows:
a) Full Ownership rights retained by you
Although IDdp.Net is listed as the registrant, you will retain
full domain ownership rights, such as:
- The ability to sell or transfer each
domain. (internal or external transfer)
- The ability to manage domain name servers
to the settings of your choice.
- The ability to have access to all
standard and paid services offered via dotFM that would
require changes to your domain name settings.
- The right to cancel the ID Domain Privacy
Service so that you become listed as the registrant.
- The right to renew your domain upon its
expiration.
- The right to cancel your domain
registration.
b) Information that will be made publicly
available for each domain
The following publicly available information will be listed for
your domain as per ICANN Policy. In lieu of your information
IDdp.Net contact information will be listed:
- Registrant - name, email, address and
phone contacts - IDdp.Net will be listed.
- Technical - name, email, address and
phone contacts - IDdp.Net will be listed.
- Billing - name, email, address and phone
contacts - IDdp.Net will be listed.
- Administrative - name, email, address and
phone contacts - IDdp.Net will be listed.
c) Your obligations relative to information
For each domain that utilizes the ID Domain Privacy Service you
agree to provide the following VERIFIABLE
information:
- Registrant - name, email, address, phone
and fax contacts.
- Technical - name, email, address, phone
and fax contacts.
- Billing - name, email, address, phone and
fax contacts.
- Administrative - name, email, address,
phone and fax contacts.
d) Representations & Warranties.
You warrant that all information provided by you pursuant to
this Agreement is truthful, complete, current and accurate. You
also warrant that you are using the ID Domain Privacy Service in
good faith and that you have no knowledge that the domain listed
under ID Domain Privacy Service, infringes upon or conflicts
with the legal rights of any third party or any third party's
trademark or trade name. You also warrant that neither the ID
Domain Privacy Service nor the domain will not be used in
connection with any illegal or morally objectionable activity,
or, in connection with the transmission of unsolicited
commercial email ("Spam").
e) RIGHTS TO DENY, SUSPEND, TERMINATE SERVICE AND TO DISCLOSE
YOUR PERSONAL INFORMATION
You understand and agree that IDdp.Net has the absolute right
and power, in its sole discretion and without any liability to
You whatsoever, to: (i) close Your Account, terminate
provisionment of the ID Domain Privacy Service, and list the
personal information you provided in Section 3.a. for any
associated IDdp.Net domain; (ii) reveal Your name and personal
information that You provided to pursuant to this Agreement when
required by law or when IDdp.Net has a good faith belief that
such action is necessary to conform to the law, or to comply
with a legal process served upon IDdp.Net; (iii) resolve any and
all third party claims, whether threatened or made, arising out
of Your use of IDdp.Net Domain; or (iv) take any other action
IDdp.Net deems necessary in the event of any of the following:
- In the event you breach any provision of
this Agreement.
- In the event you use the ID Domain
Privacy Service to Spam, UBE (Unauthorized Bulk Email) or
UCE (Unauthorized Commercial Email) or hide behind these
services in order to engage in, or to avoid detection from
being involved in, these prohibited activities.
- In the event we receive any valid
complaint about Spam, UBE (Unauthorized Bulk Email) or UCE
(Unauthorized Commercial Email) with regards to your
domain.
- In the event you breach any provision of
dotFM Registration Agreement;
To protect the integrity and stability of the applicable
domain name registry;
- To comply with any applicable laws,
government rules or requirements, subpoenas, court orders or
requests of law enforcement;
- To comply with ICANN's Dispute Resolution
Policy or other policies promulgated by ICANN;
- To avoid any financial loss or legal
liability (civil or criminal) on the part of IDdp.Net, its
parent companies, subsidiaries, affiliates, shareholders,
agents, officers, directors and employees;
- If the IDdp.Net Domain is alleged to
violate or infringe a third party's trademark, trade name or
other legal rights;
- If it comes to IDdp.Net's attention that
You are alleged to be using the ID Domain Privacy Service
for purposes of engaging in, participating in, sponsoring or
hiding Your involvement in, illegal or morally objectionable
activities, including but not limited to, activities which
are designed, intended to or otherwise: (i) appeal purely to
the prurient interests of third parties; (ii) defame,
embarrass, harm, abuse, threaten, or harass third parties;
(iii) violate state or federal laws of the United States
and/or foreign territories; (iv) involve hate crimes,
terrorism and child pornography; (v) are tortious, vulgar,
obscene, invasive of a third party's privacy, racially,
ethnically, or otherwise objectionable; (vi) impersonate the
identity of a third party; (vii) harm minors in any way; or
(viii) relate to or transmit viruses, Trojan Horses, access
codes, backdoors, worms, timebombs or any other code,
routine, mechanism, device or item that corrupts, damages,
impairs, interferes with, intercepts or misappropriates any
software, hardware, firmware, network, system, data or
personally identifiable information.
You also understand and agree that if IDdp.Net
is named as a defendant in, or investigated in anticipation of,
any legal or administrative proceeding arising out of Your use
of the ID Domain Privacy Service or an IDdp.Net domain, then
your personal information will be revealed in the Whois output
for any associated IDdp.Net domains.
In the event (i) ID Domain Privacy Service takes any of the
actions set forth above or you elect to cancel or not renew the
ID Domain Privacy Service for any reason, neither dotFM will
refund any fees paid by You whatsoever for the ID Domain Privacy
Service.
f) Forwarding Fees.
In consideration for handling and forwarding certain first
class correspondence, and responding to and dealing with
complaining third parties, you agree to pay IDdp.Net at the time
such services are provided. IDdp.Net may change its forwarding
fees at any time. Unless otherwise stated, all fees are posted
(and payable by You) in U.S. Dollars. You are responsible for
paying all fees and taxes associated with using IDdp.Net's
forwarding services. Payment shall be made by You providing a
valid credit card for charge by dotFM, and is non-refundable. If
for any reason IDdp.Net is unable to charge Your credit card
with the full amount of the service provided, or if IDdp.Net is
charged back for any fee it previously charged to the credit
card You provided, You agree that IDdp.Net may, without notice
to You, pursue all available remedies in order to obtain
payment, including but not limited to, sale of the domain name
registration to a third party, and immediate cancellation of
Your account and all services IDdp.Net provides to You.
Additional contractual requirements for the registration of the
following ccTLDs:
.AM Policies.
By registering a .AM domain, the registrant also agrees to
the Registration Policies of the dotAM Registrar:
www.dot.am/policy
.TV Policies.
By registering a .TV domain, the registrant also agrees to
the Registration Policies of the .TV Registry:
turnon.tv/policies
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