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NEW GENERIC TOP LEVEL DOMAIN NAME AGREEMENT

Thank you for submitting one or more applications for a new generic top level (gTLD) domain name registration!

At this time, Register.com is taking applications for registration of second level domain names in the .biz, .info, and .name gTLDs. Please note that because we expect that these new gTLDs will be extraordinarily popular, and because in some cases the processes through which they will be registered have been finalized, we cannot guarantee that you will actually be able to register a domain name for which you have submitted an application once registration in the new gTLDs commences.
  1. .biz, .info, and .name Domain Name Services

    Register.com is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .biz, .info, and .name top level domains. As such, Register.com is, upon accepting your application to register a .biz, .info, or .name domain name, your sponsor for that application.

    No .biz, .info, or .name domain name application we submit for registration will be deemed registered until (i) we have delivered the application information you provide us to the appropriate registry, and (ii) the appropriate registry has placed into effect a .biz, .info, or .name domain name registration in your name.

    Register.com cannot guarantee that any .biz, .info, or .name domain name application or multiple .biz, .info, or .name domain name applications will result in a .biz, .info, or .name domain name registration.

  2. Fees

    As consideration the submission of an application and/or registration for a .biz, .info, or .name gTLD domain name, you agree to pay Register.com the then-current fees. All fees are non-refundable, in whole or in part, even if your domain name application does not result in the registration of a domain name, or if your domain name registration is suspended, cancelled or transferred prior to the end of your then-current registration term. Register.com reserves the right to change fees, surcharges, and renewal fees or to institute new fees at any time, for any reason, at its sole discretion.

    Your domain name application will not be submitted to the appropriate registry unless we receive actual payment of the applicable fees, or reasonable assurance of payment of the applicable fees from some other entity (such reasonable assurance as determined by Register.com in its sole discretion).

    In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable fees, you acknowledge and agree that, should your application result in the registration of a domain name, that registration shall be transferred to Register.com as the entity that has paid the registration fee for that registration to the registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Register.com will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable fees, as well as our then-current reinstatement fee, currently set at $200.


  3. No Guarantee of Registration.

    You acknowledge and agree that Register.com cannot guarantee that you will be able to register a desired new gTLD domain name, since Register.com 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 process or related databases. You further acknowledge and agree that Register.com may elect to accept or reject your application for registration for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration of a prohibited domain name.

    In addition, you acknowledge and agree that Register.com's ability to provide you with services hereunder depends in part on the actions of other parties, including without limitation, the .biz, .info, and .name gTLD registries. Therefore, you also acknowledge and agree that Register.com is not liable or responsible in any way for any errors, omissions or any other actions by any third parties, including without limitation the .biz, .info, and .name gTLD registries arising out of or related to your application for and registration of, or failure to register a particular domain name. You additionally agree to indemnify, defend and hold harmless the .biz, .info, and .name gTLD registries and their directors, officers, employees, and agents, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or related to your domain name registration.

  4. Domain Name Dispute Resolution for .biz, .info, and .name

    1. .biz.

      By submitting an application to register a .biz domain name registration, you certify that you have read, understood and agree to be bound by all terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated in and made an integral part of this Agreement:

      1. The Uniform Domain Name Dispute Resolution Policy (the "UDRP") (click here for a copy of the UDRP);

      2. The Start-up Dispute Resolution Policy (the "SUDRP") (click here for a copy of the SUDRP; and

      3. The Restrictions Dispute Resolution Criteria and Rules (the "RDRP") (click here for a copy of the RDRP).

    2. .info.

      By submitting an application to register a .info domain name registration, you certify that you have read, understood and agree to be bound by all terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated in and made an integral part of this Agreement:

      1. The Uniform Domain Name Dispute Resolution Policy (the "UDRP") (click here for a copy of the UDRP);

      2. The Sunrise Dispute Resolution Policy (the "SDRP") (click here for a copy of the SDRP).

    3. .name.

      By submitting an application to register a .name domain name registration, you certify that you have read, understood and agree to be bound by all terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated in and made an integral part of this Agreement:

      1. The Uniform Domain Name Dispute Resolution Policy (the "UDRP") (click here for a copy of the UDRP);

      2. The Eligibility Requirements Dispute Resolution Policy (the "ERDRP") (click here for a copy of the ERDRP).

  5. Additional Terms for .info.

    1. info Sunrise Registration Service.

      The .info Sunrise Registration Service (the "Sunrise Registration Service") is offered to holders of current (non-expired) trademarks or service marks having national effect (including, for example, European Community Trademarks ("CTMs") but excluding United States state registrations) that issued prior to October 2, 2000 will be eligible to register a domain name that is identical to the textual or word elements of such trademark or service mark, using ASCII characters only, and subject to the same character and formatting restrictions as apply to all domain name registrations in the .info gTLD. Where there is a space between the textual elements of a mark, applicants may elect at their discretion to use a hyphen or combine the elements together. For example, the mark "SERVICE MARK" could be registered as <servicemark.info> or <service-mark.info>. Trademark or service mark registrations from the supplemental or equivalent Registry of any country, or from individual states or provinces of a nation, will not be accepted.

      Applications for registrations under the Sunrise Registration Service must include (i) the ASCII characters composing the trademark or service mark, (ii) the date the trademark or service mark was issued, (iii) the country in which the trademark or service mark was registered, and (iv) the trademark or service mark number. By applying to use the Sunrise Registration Service, you represent and warrant that you are the holder of a current (non-expired) trademark or service mark having national effect that issued prior to October 2, 2000, and that the .info domain name you have applied for is identical to the textual or word elements of such trademark or service mark, using ASCII characters only, and that all information you submit in connection with your application to use the Sunrise Registration Service is complete and accurate.

      The Sunrise Registration Service will only be offered through August 27, 2001, or such other date as Afilias, Ltd., the .info registry administrator ("Afilias"), may designate, from time to time, as the last day that "Sunrise" registrations well be accepted (the "Sunrise Period"). Registrations made pursuant to the Sunrise Registration Service will only be accepted for terms of at least five years, and will be locked at the registry level for approximately 180 days following the last day of the Sunrise Period, as designated by Afilias. During the Sunrise Period, Afilias will be accepting applications to register .info domain names in five different rounds using a randomized, round-robin processing system.

    2. .info Land Rush Service.

      The .info Land Rush Service (the ".info Land Rush Service") is offered to the general public. The .info Land Rush Service will be offered during the time period designated by Afilias (the ".info Land Rush Period"). During the .info Land Rush Period, those wishing to register domain names in the .info top level domain will be able to apply to have the names of their choice registered. During the .info Land Rush Period, Afilias will be accepting applications to register .info domain names using a randomized, round-robin processing system.

    3. Denial, cancellation, or transfer of registration.

      Register.com and Afilias expressly reserve the right to deny, cancel or transfer any registration that either deems necessary, in its sole 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 Register.com and/or Afilias as well as their respective affiliates, subsidiaries, officers, directors and employees.

    4. Limitations of Liability

      By submitting an application to register a .info domain name registration, you (a) 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 .info "Sunrise Period" or the .info "Land Rush Period", including, without limitation: (i) the ability or inability of a registrant to obtain a .info domain name registration during these periods, and (ii) the results of any dispute over a .info domain name registration registered during the .info "Sunrise Period", (b) acknowledge and agree that Register.com will share with the .info registry information submitted by you in connection with your .info domain name application and you consent to the use, copying, distribution, publication, modification and other processing of your personal data by the .info registry and its designees and agents in connection with the .info registry's obligations to Register.com and third parties or as otherwise required by the .info registry, (c) agree to immediately correct and update the registration information for your .info domain name registration during the registration term for such domain name.

  6. Additional Terms for .biz.

    By submitting an application to register a .biz domain name registration, you certify that you have read, understood and agree to be bound by all terms and conditions of the .biz Services Agreement, as it may be amended from time to time, which is hereby incorporated in and made an integral part of this Agreement.

  7. Additional Terms for .name

    1. .name Land Rush Service.

      The .name Land Rush Service (the ".name Land Rush Service") is offered to the general public. The .name Land Rush Service will be offered during the time period designated by Global Name (the ".name Land Rush Period"). During the .name Land Rush Period, those wishing to register domain names in the .name top level domain will be able to apply to have the names of their choice registered. During the .name Land Rush Period, Global Name will be accepting applications to register .name domain names using a randomized, round-robin processing system.

    2. Eligibility.

      .name domain name and electronic mail registrations will be granted on a first-come, first-served basis, except for registrations granted as a result of a dispute resolution proceeding or during the .name Land Rush Period in connection with the opening of the .name gTLD. The following categories of personal name registrations may be registered:

      1. The personal name of an individual.

        Any person can register his or her own personal name. A "personal name" is a person's legal name, or a name by which a person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.

      2. The personal name of a fictional character.

        Any person or entity can register the personal name of a fictional character if that person or entity has trademark or service mark rights in that character's Personal Name.

      3. Additional characters.

        In registering a personal name registration, registrants may add numeric characters to the beginning or the end of their personal name so as to differentiate it from other personal names. For example, in the event that John Doe unsuccessfully attempts to register john.doe.name, he may seek to register an alternative, such as john.doe1955.name or john1955.doe.name.

      4. .name Defensive Registration Services.

        1. A "Defensive Registration" is a registration granted to a third party of a sepcific string on the second or third level, or of a specific set of strings on the second and third levels, which will not resolve within the domain name system but may prevent the registration of the same string(s) on the same level(s) by other third party applicants. The .name Defensive Registration Service (the "Defensive Registration Service") is offered in two phases. The first phase ("Phase I") allows holders of current (non-expired) trademarks or service marks having national effect (including, for example, European Community Trademarks ("CTMs") but excluding United States state registrations) that issued prior to April 16, 2001 to register domain names that are identical to the textual or word elements of such trademark or service mark, using ASCII characters only, and subject to the same character and formatting restrictions as apply to all domain name registrations in the .name gTLD. Neither the .name registry administrator (The Global Name Registry Ltd. ("Global Name")), nor Register.com will review trademark or service mark registration information submitted during Phase I prior to the registry's issuance of a defensive registration. The second phase of the Defensive Registration Service ("Phase II") is offered to any entity for any string or combination of strings.

        2. Applications for registrations under the Defensive Registration Service must include (i) the ASCII characters composing the trademark or service mark, (ii) the date the trademark or service mark was issued, (iii) the country in which the trademark or service mark was registered, and (iv) the trademark or service mark registration number or other comparable identifier used by the registration authority. By applying to use the Defensive Registration Service, you represent and warrant that you are the holder of a current (non-expired) trademark or service mark having national effect that issued prior to April 16, 2001, and that the .name domain name you have applied for is identical to the textual or word elements of such trademark or service mark, using ASCII characters only, and that all information you submit in connection with your application to use the Defensive Registration Service is complete and accurate.

        3. A defensive registration will not be granted if it conflicts with a then-existing personal name registration or other reserved word or string (for example, if the domain name john.doe.name has already been registered, then a defensive registration will not be granted for <anystring>.doe.name or john.<anystring>.name).

        4. Defensive registrations will not resolve within the DNS. Multiple persons or entities may obtain identical or overlapping defensive registrations upon payment by each of a separate registration fee. The term of defensive registrations will be ten (10) years. In the event of a transfer of a defensive registration between Register.com and another registrar, the term of the defensive registration will be extended one year, provided that a transfer fee equal to one tenth of the ten-current fee for a ten year defensive registration is paid.

        5. Those seeking to register a personal name registration that is the subject of a defensive registration will receive an electronic notice that the domain name is blocked by a defensive registration. This notice will provide the contact information for the defensive registrant(s). If the person or entity wishes to pursue the personal name registration despite the defensive registration, they can either (i) seek consent directly from the defensive registrant(s), or (ii) challenge the defensive registration pursuant to the ERDRP. Upon receiving a request for consent from a person or entity seeking to register a personal name registration that is the subject of a defensive registration, the defensive registrant must grant or refuse such consent, in writing, within five (5) calendar days. If a defensive registrant fails to either grant or refuse consent within five (5) calendar days of receipt of the request, the defensive registrant shall be deemed to have denied consent to the personal name registration. Consent must be transmitted to both the person or entity seeking the personal name registration and Register.com, as the current registrar. The defensive registrant may not accept any monetary or other remuneration for its consent. If a defensive registrant consents or, in the case of multiple or overlapping defensive registrations, all the defensive registrants consent, to a personal name registration, then (i) the person or entity seeking the personal name registration will receive the requested personal name registration, (ii) such consent shall not constitute a successful challenge; (iii) such defensive registrant(s) shall not receive a "strike" against the defensive registration(s) for the purposes of the ERDRP, and (iv) the defensive registration(s) will continue in full force and effect. In the case of multiple or overlapping defensive registrations where fewer than all of the defensive registrants consent, then all of the defensive registrants (consenting and non-consenting) will be subject to consolidated ERDRP proceeding if a proceeding is initiated and each must pay the full amount of any required challenge fee into escrow.

        6. A defensive registration may be cancelled by the defensive registrant at any time. Registration fees will not be refunded in the event of such a cancellation. In the case of multiple or overlapping defensive registrations, cancellation by one defensive registrant shall not affect the other defensive registrations.

    3. Electronic Mail Forwarding.

      1. The .name service for which you have registered may, at your option, include electronic mail forwarding ("Email Forwarding"). To the extent you opt to use Email Forwarding, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of Email Forwarding, including the content of messages sent through Email Forwarding.

      2. You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and email usage. This includes, but is not limited to the Acceptable Use Policy, as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use Email Forwarding:

        1. To encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material;

        2. To gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;

        3. To gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;

        4. For spamming, which includes, but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list. Users are not permitted to provide false names or in any other way to pose as somebody else when using Email Forwarding.

      3. Global Name reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Global Name's Email Forwarding. However, due to the nature of such systems, which actively block messages, Global Name shall make public any decision to implement such systems a reasonable time in advance, so as to allow you or Register.com to give feedback on the decision.

      4. You understand and agree that Global Name may delete material that does not conform to clause 7.4.3 above or that in some other way constitutes a misuse of Email Forwarding. You further understand and agree that Global Name is at liberty to block your access to Email Forwarding if you use Email Forwarding in a way that contravenes this Agreement. You will be given prior warning of discontinuation of the Email Forwarding unless it would damage the reputation of Global Name or jeopardize the security of Global Name or others to do so. Global Name reserves the right to immediately discontinue Email Forwarding without notice if the technical stability of Email Forwarding is threatened in any way, or if you are in breach of this Agreement. On discontinuing Email Forwarding, Global Name is not obliged to store any contents or to forward unsent email to you or a third party.

      5. You understand and agree that to the extent Global Name is required by law to disclose certain information or material in connection with your Email Forwarding, Global Name will do so in accordance with such requirement and without notice to you.

    4. Denial and cancellation of registration.

      Global Name and Register.com reserve the right to transfer or cancel any .name domain name or .name e-mail address (a) for violations of the Registry Agreement (including its appendices) between ICANN and Global Name, (b) to correct mistakes made by Global Name or any ICANN-accredited registrar in connection with a .name domain name or .name e-mail address, or (c) avoid any liability, civil or criminal, on the part of Global Name or Register.com, as well as their affiliates, subsidiaries, officers, directors and employees.

    5. Limitations of Liability.

      By submitting an application to register a .name domain name registration, you acknowledge that Global Name will have no liability of any kind for any loss or liability to any person or entity other than ICANN in connection with any dispute concerning any .name domain name, .name email address, or .name defensive registration, including the decision of any dispute resolution proceeding relating to any of the foregoing.

    6. Indemnification.

      You agree to indemnify, defend and hold harmless Global Name and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your application for and registration of, renewal of, or failure to register or renew, a particular .info domain name. This indemnification obligation shall survive the termination or expiration of this New Generic Top Level Domain Name Agreement.

  8. Register.com Services Agreement.

    By submitting an application to register a new gTLD domain name registration, you certify that you have read, understood and agree to be bound by all terms and conditions of the Register.com's Services Agreement, which you may review by clicking here, as it may be amended from time to time, which is hereby incorporated in and made an integral part of this Agreement.

    If at any time you have any questions or concerns regarding the new gTLDs, please click here to contact a member of our Customer Support Team.