:: Domain Name Registration Agreement
.AG Registration Agreement
In order that a party may hold a valid
.ag
domain name registration, SupraLink, requires that all registrants
adhere to certain terms and conditions. As an organization or
individual applying to register, transfer or renew an .ag domain
name via SupraLink you accordingly agree as follows:
1. AGREEMENT. In this Service Agreement ("Agreement") "you"
and "your" refer to each customer, "we", us" and "our" refer to NIC
AG and "Services" refers to the services provided by us. This
Agreement explains our obligations to you, and explains your
obligations to us for various Services. By selecting our Services
you have agreed to establish an account with us for such Services.
When you use your account or permit someone else to use it to
purchase or otherwise acquire access to additional Services or to
cancel your Services (even if we were not notified of such
authorization), this Agreement covers such service or actions. By
using the Services under this Agreement, you acknowledge that you
have read and agreed to be bound by all terms and conditions of this
Agreement and any pertinent rules or policies that are or may be
published by us.
2. SELECTION OF A DOMAIN NAME. We cannot and do not check to
see whether the domain name you select, or the use you make of the
domain name, infringes legal rights of others. We urge you to
investigate to see whether the domain name you select or its use
infringes legal rights of others, and in particular we suggest you
seek advice of competent counsel. You may wish to consider seeking
one or more trademark registrations in connection with your domain
name. You should be aware that there is the possibility we might be
ordered by a court to cancel, modify, or transfer your domain name.
You should be aware that if we are sued or threatened with lawsuit
in connection with your domain name, we may turn to you to hold us
harmless and indemnify us.
3. FEES, PAYMENT AND TERM. As consideration for the services
you have selected, you agree to pay us the applicable service(s)
fees. All fees payable hereunder are non-refundable unless we
provide otherwise. As further consideration for the Services, you
agree to: (1) provide certain current, complete and accurate
information about you as required by the registration process and
(2) maintain and update this information as needed to keep it
current, complete and accurate. All such information shall be
referred to as account information ("Account Information"). You
hereby grant us the right to disclose to third parties such Account
Information. The Registrant, by completing and submitting the Domain
Name Registration Agreement ("Registration Agreement"), represents
that the statements in its application are true and that the
registration of the selected Domain Name, so far as the Registrant
is aware, 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 or in "bad faith".
4. MODIFICATIONS TO AGREEMENT. You agree, during the period
of this Agreement, that we may: (1) revise the terms and conditions
of this Agreement; and (2) change the services provided under this
Agreement. Any such revision or change will be binding and effective
immediately on posting of the revised Agreement or change to the
service(s) on our web site, or on notification to you by e-mail or
regular mail as per the Notices section of this agreement, Section
21. You agree to review our web site, including the Agreement,
periodically to be aware of any such revisions. If you do not agree
with any revision to the Agreement, you may terminate this Agreement
at any time by providing us with notice by e-mail or regular mail as
per the Notices section of this agreement, Section 21. Notice of
your termination will be effective on receipt and processing by us.
You agree that, by continuing to use the Services following notice
of any revision to this Agreement or change in service(s), you abide
by any such revisions or changes. You further agree that we, in our
sole discretion, may modify our Dispute Policy at any time. You
agree that, by maintaining the reservation or registration of your
domain name after modifications to the Dispute Policy become
effective, you have agreed to these modifications. You acknowledge
that if you do not agree to any such modifications, you may request
that your domain name be deleted from the domain name database.
5. DOMAIN NAME DISPUTE POLICY. If you reserved or registered
a domain name through us, or transferred a domain name to us from
another registrar, you agree to be bound by our current Domain Name
Dispute Policy ("Dispute Policy") which is incorporated herein and
made a part of this Agreement by reference. The current version of
the Dispute Policy may be found at our web site: Dispute Uniform
Policy. Please take the time to familiarize yourself with such
policy.
6. DOMAIN NAME DISPUTES. You agree that, if the registration
or reservation of your domain name is challenged by a third party,
you will be subject to the provisions specified in the 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
contained in the Dispute Policy. For any dispute, you agree to
submit to the jurisdiction of the courts of your domicile, the
courts of the geographic location indicated by your WHOIS
information for your domain name, and the courts of California and
New York, United States.
7. AGENTS. You agree that, if an agent for you (i.e., an
Internet Service Provider, employee, etc.) purchased our Services on
your behalf, you are nonetheless bound as a principal by all terms
and conditions herein, including the Dispute Policy.
8. ANNOUNCEMENTS. We reserve the right to distribute
information to you that is pertinent to the quality or operation of
our services and those of our service partners. These announcements
will be predominately informative in nature and may include notices
describing changes, upgrades, new products or other information to
add security or to enhance your identity on the Internet.
9. LIMITATION OF LIABILITY. You agree that our entire
liability, and your exclusive remedy, with respect to any
Services(s) provided under this Agreement and any breach of this
Agreement is solely limited to the amount you paid for such
Service(s). We and our contractors shall not be liable for any
direct, indirect, incidental, special or consequential damages
resulting from the use or inability to use any of the Services or
for the cost of procurement of substitute services. 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. We disclaim any and all
loss or liability resulting from, but not limited to: (1) loss or
liability resulting from access delays or access interruptions; (2)
loss or liability resulting from data non-delivery or data
mis-delivery; (3) loss or liability resulting from acts of God; (4)
loss or liability resulting from errors, omissions, or misstatements
in any and all information or services(s) provided under this
Agreement; (5) loss or liability resulting from the development or
interruption of your Web site or email service. The registrant
agrees that we 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 we have been advised of the possibility of such damages. In no
event shall our maximum liability exceed three hundred (US $300.00)
dollars.
10. INDEMNITY. You agree to release, indemnify, and hold us,
our contractors, agents, employees, officers, directors and
affiliates harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties relating to or arising
under this Agreement, the Services provided hereunder or your use of
the Services, including without limitation infringement by you, or
someone else using the E-mail Service with your computer, of any
intellectual property or other proprietary right of any person or
entity, or from the violation of any of our operating rules or
policy relating to the service(s) provided. You also agree to
release, indemnify and hold us harmless pursuant to the terms and
conditions contained in the Dispute Policy. When we are threatened
with suit 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 breach of your
Agreement and may result in deactivation of your domain name.
11. BREACH. You agree that failure to abide by any provision
of this Agreement, any operating rule or policy or the Dispute
Policy provided by us, may be considered by us to be a material
breach and that we may provide a written notice, describing the
breach, to you. If within five (5) calendar days of the date of such
notice, you fail to provide evidence, which is reasonably
satisfactory to us, that you have not breached your obligations
under the Agreement, then we may delete the registration or
reservation of your domain name or terminate your e-mail account
without further notice. Any such breach by you shall not be deemed
to be excused simply because we did not act earlier in response to
that, or any other breach by you.
12. NO GUARANTY. You agree that, by registration or
reservation of your chosen domain name, such registration or
reservation does not confer immunity from objection to either the
registration, reservation, or use of the domain name.
13. DISCLAIMER OF WARRANTIES. You agree and warrant that the
information that you provide to us to register or reserve your
domain name or register for other Services is, to the best of your
knowledge and belief, accurate and complete, and that any future
changes to this information will be provided to us in a timely
manner according to the modification procedures in place at that
time. You agree that your use of our Services is solely at your own
risk. You agree that such Service(s) is provided on an "as is," "as
available" basis. we expressly disclaims all warranties of any kind,
whether express or implied, including but not limited to the implied
warranties of merchantability, fitness for a particular purpose and
non-infringement. We make no warranty that the Services 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 the Service(s) or as to
the accuracy or reliability of any information obtained through the
our e-mail service or that defects in the Services software will be
corrected. You understand and agree that any material and/or data
downloaded or otherwise obtained through the use of the our e-mail
service is done at your own discretion and risk and that you will be
solely responsible for any damage to your computer system or loss of
data that results from the download of such material and/or data. We
make no warranty regarding any goods or services purchased or
obtained through the e-mail service or any transactions entered into
through the e-mail service. No advice or information, whether oral
or written, obtained by you from us or through the e-mail service
shall create any warranty not expressly made herein. Some
jurisdictions do not allow the exclusion of certain warranties, so
some of the above exclusions may not apply to you.
14. REVOCATION. You agree that we may delete your domain name
or terminate your right to use other Services if the information
that you provided to register or reserve your domain name or
register for other Services, or subsequently to modify it, contains
false or misleading information, or conceals or omits any
information we would likely consider material to our decision to
register or reserve your domain name. You agree that we may, in our
sole discretion, delete or transfer your domain name at any time.
15. RIGHT OF REFUSAL. We, in our sole discretion, reserve the
right to refuse to register or reserve your chosen domain name or
register you for other Services, or to delete your domain name
within five (five) calendar days from receipt of your payment for
such services. In the event we do not register or reserve your
domain name or register you for other Services, or we delete your
domain name or other Services within such five (5) calendar day
period, we agree to refund your applicable fee(s). You agree that we
shall not be liable to you for loss or damages that may result from
our refusal to register or reserve, or delete your domain name or
register you for other Services.
16. ACCEPTABLE USE. Use of a .AG domain name for any unlawful
purpose is not permitted and could cause revocation of your domain
name without notice. We are not bound to maintain a name
registration in active status if any part of your registration
agreement or these terms and conditions of use are violated.
"Unlawful Use" will be determined based on the laws of the
jurisdictions of the .AG Registry (the United States and the States
of California and New York).
The sending of unsolicited bulk E-mail ("spam") constitutes theft of
service. You agree not to use your .AG domain name(s) for this
purpose. Such abuse includes spamming, flooding, or otherwise
abusing free search engine services.
You understand and agree that we reserve the right to revoke without
refund any .AG name which, in our judgment, has been used for any
unlawful purposes, including but not limited to child pornography,
child entrapment or abuse, advocacy of hatred, bigotry or violence
towards persons or groups on the basis of their religion, race,
ethnicity, sexual orientation or other immutable characteristics,
theft of E-mail service, or as a source of unsolicited bulk E-mail
or as an address to use for replying to unsolicited bulk E-mail, or
in violation of our policies with respect to spamming or otherwise
abusing free search engine services (see above).
By registering a .AG domain name you are acknowledging that you
understand and agree to be bound by this policy.
17. SEVERABILITY. You agree that the terms of this Agreement
are severable. If any term or provision is declared invalid or
unenforceable, that term or provision will be construed consistent
with applicable law as nearly as possible to reflect the original
intentions of the parties, and the remaining terms and provisions
will remain in full force and effect.
18. NON-AGENCY. Nothing contained in this Agreement or the
Dispute Policy shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties.
19. NON-WAIVER. Our failure to require performance by the
Registrant of any provision hereof shall not affect the full right
to require such performance at any time thereafter; nor shall the
waiver by us of a breach of any provision hereof be taken or held to
be a waiver of the provision itself.
20. NOTICES. Any notice, direction or other communication
given under this Agreement shall be in writing and given by sending
it via e-mail or via regular mail. In the case of e-mail, valid
notice shall only have been deemed to have been given when an
electronic confirmation of delivery has been obtained by the sender,
in the case of notice to us to register@nic.ag or, in the case of
notice to you, at the e-mail address provided by you in your
Affiliate Program application or as updated from time to time. Mail
shall be sent to Nic AG, P.O. Box W1092 Woods Mall, St. John's,
Antigua and to you at the mailing address provided in your
registration or as updated from time to time. Any e-mail
communication shall be deemed to have been validly and effectively
given on the date of such communication, if such date is a business
day and such delivery was made prior to 4:00 p.m. (Eastern time) and
otherwise on the next business day. Any communication sent via
regular mail shall be deemed to have been validly and effectively
given 7 business days after the date of mailing.
21. ENTIRETY. You agree that this Agreement, the rules and
policies published us and the Dispute Policy are the complete and
exclusive agreement between you and us regarding our Services. This
Agreement and the Dispute Policy supersede all prior agreements and
understandings, whether established by custom, practice, policy or
precedent.
22. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND
INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE UNITED
STATES AND THE STATE AND FEDERAL LAWS OF THE STATES OF CALIFORNIA
AND NEW YORK, APPLICABLE THEREIN WITHOUT REFERENCE TO RULES
GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST
BE BROUGHT IN THE STATE COURTS LOCATED IN CALIFORNIA OR NEW YORK AND
YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
23. INFANCY. You attest that you are of legal age to enter
into this Agreement.
24. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE
READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU
HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN
DOMAIN REGISTRATION AND ARE NOT RELYING ON ANY REPRESENTATION,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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