:: Domain Name Registration Agreement
.NU Registration Agreement
In order that a party may hold a valid
.nu
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 .nu domain
name via SupraLink you accordingly agree as follows:
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INTRODUCTION. In this Service Agreement ("Agreement"), "you"
and "your" refer to each customer ("Customer") and "we", "us" and
"our" refer to WorldNames, Inc and the .NU Registry, and .NU Domain,
Ltd (".NU Domain Ltd"). This Agreement explains our obligations to
you, and your obligations to us in relation to your use of our
services. By selecting our service(s) you have agreed to establish
an account with us for such services. When you use your account or
permit someone else to use your account to purchase or otherwise
acquire access to additional service(s) or to modify or cancel your
service(s) (even if we were not notified of such authorization),
this Agreement covers any such service or actions. Any acceptance of
your application(s) for our services and the performance of our
services will occur at our offices in Medfield, Massachusetts, US,
the location of our principal place of business.
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FEES, PAYMENT AND TERM OF SERVICE. As consideration for the
services you have selected, you agree to pay us the applicable
service(s) fees set forth on our Web site at
http://www.nunames.nu/pricing.cfm at the time of your selection.
All fees are due immediately, payable only via online credit card
transaction, and are non-refundable. We may take all remedies
available to collect fees owed. All prices and fees are subject to
change without notice. Payment is due at the time of registration;
names will be activated within 48 hours of registration. You agree
that you will pay for any chargeback's or bank processing fees
charged to us as the result of any action you take or may have taken
with respect to your use of .our services. You understand and agree
that if you are not current in any payments to us for these charges
or for any other reasons, you will be denied registration and other
services rights until such balances are cleared, and that you risk
having any .NU registrations or other services cancelled.
Unless otherwise specified, each service is for a two-year initial
term and renewable in perpetuity thereafter for successive two-year
terms, but for no more than 10 years consecutively. Any renewal of
your services with us is subject to our then current terms and
conditions and payment of all applicable service fees at the time of
renewal and in the case of domain name re-registration, our
acceptance of your domain name registration. Registration renewal
fees are due 30 days before the end of the registration period.
Names that are not renewed will be put up for auction at
http://www.nunames.nu/auction/AuctionList.cfm for seven (7) days
following expiration. Any names not renewed and not registered via
the auction process will be removed from the Registry database and
made available for others to register.
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 us.
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TECHNICAL LIMITATIONS AND REQUIREMENTS. You may register any
domain name which contains as few as three and as many as 63
characters (not including .NU). Names may not begin or end with a
dash, and upper case and lower case are treated as lower case only.
Besides the - (dash) character, only alphanumeric characters a-z,
0-9 are accepted. Domain names may not be comprised of only numeric
characters, or numeric characters separated by dashes, or contain
spaces or any other non-alphanumeric characters (such as
punctuation) or any non-ASCII characters.
Any person or organization located anywhere in the world may
register any number of .NU domain names as long as the domain names
are actively supported by at least two authoritative name servers at
the time of activation, and as long as the information provided by
the customer is valid and verifiable. You must have name server
support in order for .us to keep your domain name active in the .NU
zone. If name server services are not available, we may, at our
discretion, cancel your registration with no refund. You may choose
to subscribe to our parking services at
http://www.nunames.nu/Customers/IWpromo.cfm which, for a small
additional fee, will provide temporary name server support for your
initial registration, along with E-mail forwarding and other
services.
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MULTI-LINGUAL AND INSTANTWEBTM SERVICES. If you use our
Multilingual Web AddressTM or InstantWebTM Service or any other .NU
Domain services as part of your registration of a .NU domain name,
you agree to abide by the "Terms and Conditions for .NU Domain
Services", as posted on our Web site at
http://www.nunames.nu/LLTerms.cfm, as well as any resulting
limitations.
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ACCURATE INFORMATION. As further consideration for our
service(s), you agree to: (1) provide certain current, complete and
accurate information about you as required by the application
process; and (2) maintain and update this information as needed to
keep it current, complete and accurate. We rely on this information
to send you important information and notices regarding your account
and our services. You understand and agree that we may cancel your
registration(s) if your registration information contains false or
misleading information or conceals or omits any information we would
consider material to its decision to approve your Registration
Agreement or if use of the domain name(s) violates these Terms and
Conditions, as determined solely by us.
Our privacy statement, located on our Web site and incorporated
herein by reference sets forth your and our rights and
responsibilities with regard to your personal information. You agree
that we, in our sole discretion, may modify our privacy statement.
We will post such revised statement on our Web site at least thirty
(30) calendar days before it becomes effective. You agree that, by
using our services after modifications to the privacy statement
become effective, you have agreed to these modifications. You
acknowledge that if you do not agree to any such modification, you
may terminate this Agreement. We will not refund any fees paid by
you if you terminate your Agreement with us. We will not process the
personal data that we collect from you in a way incompatible with
the purposes and other limitations described in our privacy
statement and we will take reasonable precautions to protect your
personal data from loss, misuse and unauthorized access, disclosure,
alteration or destruction. You represent and warrant that you have
provided notice to, and obtained consent from, any third party
individuals whose personal data you supply to us as part of our
services with regard to: (i) the purposes for which such third
party's personal data has been collected, (ii) the intended
recipients or categories of recipients of the third party's personal
data, (iii) which parts of the third party's data are obligatory and
which parts, if any, are voluntary; and (iv) how the third party can
access and, if necessary, rectify the data held about them. You
further agree to provide such notice and obtain such consent with
regard to any third party personal data you supply to us in the
future.
We are not responsible for any consequences resulting from your
failure to provide notice or receive consent from such individuals
nor for your providing outdated, incomplete or inaccurate
information. Even if you intend to license the use of our domain
name registration services to a third party, you will remain our
customer and you are responsible for complying with all terms and
conditions of this Agreement.
Subject to the requirements of our privacy statement, in order for
us to be able to comply with current or future rules and policies
for the domain name system, you hereby grant to us the right to
disclose to third parties who follow certain disclosure procedures
as required by us the following mandatory information that you are
required to provide when registering or reserving, if a reservation
service becomes available, a domain name: (i) the domain name(s)
registered by you; (ii) your name and postal address; (iii) the
name(s), postal address(es), e-mail address(es), voice telephone
number and where available the fax number(s) of the technical and
administrative contacts for your domain name(s); (iv) the Internet
protocol numbers of the primary nameserver and secondary
nameserver(s) for such domain name(s); (v) the corresponding names
of those nameservers; (vi) the original creation date of the
registration; and (vii) the expiration date of the registration. You
understand and agree that we may be required to make this
information available to identified third parties who agree not to
use it to (a) allow, enable or otherwise support the transmission of
mass unsolicited, commercial advertising or solicitations via e-mail
(spam) or (b) enable high volume, automated, electronic processes
that apply to our systems to register domain names.
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MODIFICATIONS TO AGREEMENT. Except as otherwise provided in
this Agreement, you agree, during the term of this Agreement, that
we may: (1) revise the terms and conditions of this Agreement;
and/or (2) change part of the services provided under this Agreement
at any time. Any such revision or change will be binding and
effective immediately upon posting of the revised Agreement or
change to the service(s) on our Web sites, or upon notification to
you by e-mail or United States mail. You agree to periodically
review our Web sites, including the current version of this
Agreement available on our Web sites, 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 United States mail addressed as follows,
Attention: Business Affairs, .NU Domain Ltd, 266 Main St., Suite 27,
Medfield, MA, US, 02052. Notice of your termination will be
effective on receipt and processing by us. Any fees paid by you if
you terminate your Agreement with us are nonrefundable, but you will
not incur any additional fees. By continuing to use our services
after any revision to this Agreement or change in service(s), you
agree to abide by and be bound by any such revisions or changes. We
are not bound by nor should you rely on any representation by (i)
any agent, representative or employee of any third party that you
may use to apply for our services; or in (ii) information posted on
our Web site of a general informational nature. No employee,
contractor, agent or representative is authorized to alter or amend
the terms and conditions of this Agreement.
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MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your
account information with us, you must use the Account Name and the
Password that you received when you opened your account with us
through our online application process. Please safeguard your
Account Name and Password or security authentication option from any
unauthorized use. In no event will we be liable for the unauthorized
use or misuse of your Account Name or Password.
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TRADEMARK POLICY. We will accept any name for registration
and activation, with the following proviso: You agree at the time of
registration that, to the best of your knowledge, the name(s) you
are registering does not violate trademark law or other applicable
law in your own jurisdiction or in the jurisdiction of .NU Domain
Ltd or WorldNames, Inc..
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DOMAIN NAME DISPUTE POLICY. If a dispute arises between you
and any other party with respect to trademarks or other issues
related to intellectual property and your registration or use of a
.NU domain, you agree to be bound by the our Dispute Resolution
Policy at
www.nunames.nu/udrp.htm, in effect at the time.
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DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we,
in our sole discretion, may modify our dispute policy. We will post
any such revised policy on our Web site at least thirty (30)
calendar days before it becomes effective. 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 modification, you may terminate this Agreement. We
will not refund any fees paid by you if you terminate your Agreement
with us.
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DOMAIN NAME DISPUTES. You agree that, if your use of our
domain name registration services is challenged by a third party,
you will be subject to the provisions specified in our dispute
policy in effect at the time of the dispute. You agree that in the
event a domain name dispute arises with any third party, you will
indemnify and hold us harmless pursuant to the terms and conditions
set forth below in this Agreement. If we are notified that a
complaint has been filed with a judicial or administrative body
regarding your use of our domain name registration services, you
agree not to make any changes to your domain name record without our
prior approval. We may not allow you to make changes to such domain
name record until (i) we are directed to do so by the judicial or
administrative body, or (ii) we receive notification by you and the
other party contesting your registration and use of our domain name
registration services that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation
regarding your registration and use of our domain name registration
services, we may deposit control of your domain name record into the
registry of the judicial body.
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ACCEPTABLE USE. Use of a .NU 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 .NU Domain Ltd or WorldNames, Inc. (the United
States and the States of Massachusetts and Delaware).
The sending of unsolicited bulk E-mail ("spam") constitutes theft of
service. You agree not to use your .NU 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 .NU 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 .NU domain name you are acknowledging that you
understand and agree to be bound by this policy.
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AGENTS. You agree that, if your agent (e.g., an Internet
Service Provider, employee, etc.) purchased our service(s) on your
behalf, you are nonetheless bound as a principal by all terms and
conditions herein, including the dispute policy. Your continued use
of our services shall ratify any unauthorized actions of your agent.
By acting on your behalf, your agent certifies that he or she is
authorized to apply for our services on your behalf, that he or she
is authorized to bind you to the terms and conditions of this
Agreement and that he or she has apprised you of the terms and
conditions of this Agreement. In addition, you are responsible for
any errors made by your agent. We will not refund fees paid by you
or your agent on your behalf for any reason, including, but not
limited to, in the event that your agent fails to comply with the
terms and conditions of this Agreement, your agent incorrectly
provides information in the application process or if your agent
changes or otherwise modifies your domain name record incorrectly.
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NOTICES AND ANNOUNCEMENTS. You authorize us to notify you as
our customer of information that we deem is of potential interest or
importance to you. Notices and announcements may include technical
changes to the system, price or policy changes, planned outages for
online customer management systems, commercial e-mails and other
notices describing changes, upgrades, new products and services or
other information pertaining to Internet security or to enhance your
identity on the Internet and/or other relevant matters. If you do
not wish to receive bulk email solicitation notices or promotional
announcements you may modify your customer profile to prevent such
activities at
http://www.nunames.nu/customers/secure/.
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LIMITATION OF LIABILITY. You agree that our entire liability,
and your exclusive remedy, with respect to any of our service(s)
provided under this Agreement and/or for any breach of this
Agreement is solely limited to the amount you paid for such
service(s). .NU Domain Ltd, WorldNames, Inc. and its contractors
shall not be liable for any direct, indirect, incidental, special or
consequential damages resulting from the use or inability to use any
of our 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 the
unauthorized use or misuse of your Account Name or Password; (5)
loss or liability resulting from errors, omissions, or misstatements
in any and all information or service(s) provided under this
Agreement; (6) loss or liability relating to the deletion of or
failure to store e-mail messages; (7) loss or liability resulting
from the development or interruption of your Web site; (8) loss or
liability that you may incur in connection with our processing of
your application for our services, our processing of any authorized
modification to your domain name record or your agents failure to
pay any fees, including the initial registration fee or
re-registration fee; or (9) loss or liability as a result of the
application of our dispute policy.
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INDEMNITY. You agree to release, indemnify, and hold us, in
our capacities as the registry and a registrar, and our contractors,
agents, employees, officers, directors, shareholders, affiliates and
assigns harmless from all liabilities, claims, damages, costs and
expenses, including reasonable attorneys' fees and expenses, of
third parties relating to or arising under this Agreement, the
services we provided hereunder or your use of our services,
including without limitation infringement or dilution by you, or
someone else using our service(s) from your computer, of any
intellectual property or other proprietary right of any person or
entity, or a violation of any of our operating rules or policies
relating to the service(s) provided. When we are threatened with
suit or sued by a third party, we may seek written assurances from
you concerning your promise to indemnify us; your failure to provide
those assurances may be considered by us to be a material breach of
this Agreement.
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BREACH. You agree that your failure to abide by any provision
of this Agreement, any of our operating rule or policy, the dispute
policy, or your willful provision of inaccurate or unreliable
information as part of the application process, or your failure to
update your information to keep it current, complete or accurate, or
your failure to respond for over fifteen (15) calendar days to
inquiries from us concerning the accuracy of the contact details
associated with your domain name registration 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 seven (7) 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 and/or terminate the other
service(s) we provide to you without further notice. We will not
refund any fees paid by you if we terminate your Agreement due to
your breach. 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.
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NO GUARANTY. You agree that, by registration of your chosen
domain name, such registration does not confer immunity from
objection to either the registration or use of your domain name.
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REPRESENTATIONS AND WARRANTIES. You agree and warrant that: (i)
the information that you or your agent on your behalf provide to us
during the application process to register your domain name or to
apply for other service(s) 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, (ii) to the best
of your knowledge and belief neither the registration of your domain
name nor the manner in which you intend to use such domain name will
directly or indirectly infringe the legal rights of a third party,
(iii) you have all requisite power and authority to execute this
Agreement and to perform your obligations hereunder, (iv) you have
selected the necessary security option(s) for your domain name
registration record, and (v) you are of legal age to enter into this
Agreement. You agree that your use of our service(s) is solely at
your own risk. You agree that all of our services are provided on an
"as is," and "as available" basis.
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DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM 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 OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE
SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR
DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE(S). WE MAKE NO WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY
TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. TO THE EXTENT
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME
OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
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REVOCATION. You agree that we may terminate your contractual
right to use our service(s) if the information that you are
obligated to provide to register your domain name or register for
other . service(s), or that you subsequently modify, contains false
or misleading information, or conceals or omits any information we
would likely consider material to our decision to register your
domain name or to continue to provide you domain name registration
services. Furthermore, you agree that we may suspend, cancel or
transfer your domain name registration services in order to: (i)
correct mistakes made by us or the .NU registry in registering your
chosen domain name, or (ii) to resolve a dispute under our dispute
policy. We will not refund any fees paid by you if we terminate your
services.
You agree that we may, at our sole discretion, revoke, suspend,
transfer or otherwise modify your domain name registration upon
seven (7) calendar days prior notice, or at such time as we receive
a properly authenticated order from a court of competent
jurisdiction, or arbitration award requiring the revocation,
suspension, transfer or modification of the domain name
registration. Notwithstanding any other provisions in these terms
and conditions, in the case of nonpayment, chargeback or other
direct violation of these terms and conditions, you agree that we
may, at our sole discretion, revoke, suspend, transfer or otherwise
modify your domain name registration without notice.
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RIGHT OF REFUSAL. We, in our sole discretion, reserve the
right to refuse to register your chosen domain name or register you
for our other service(s), or to delete your 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 domain name or
register you for our other service(s), or we delete your domain name
or our other 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, the deletion of your domain
name or refusal to register you for our other service(s).
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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.
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ENTIRETY. You agree that this Agreement, the rules and
policies published by us, the dispute policy and the privacy
statement are the complete and exclusive agreement between you and
us regarding our services. This Agreement, our rules and policies,
the dispute policy and the privacy statement supersede all prior
agreements and understandings, whether established by custom,
practice, policy or precedent.
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TRANSFER AND ASSIGNMENT. You may transfer your domain name
registration to a third party of your choice, subject to the fees,
procedures and conditions found at :
http://www.nunames.nu/pricing.cfm, incorporated herein by
reference. Your rights under this Agreement are not assignable and
any attempt by your creditors to obtain an interest in your rights
under this Agreement, whether by attachment, levy, garnishment or
otherwise, renders this Agreement voidable at our option.
You may also transfer your services, including registration and
renewal services, to any other Certified Registrar of ours 60 days
or more after you have registered your .NU domain name. Procedures
and limitations for transferring to another Registrar are available
at
http://www.nunames.nu/about/transfer.cfm
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GOVERNING LAW. You agree that this Agreement and any disputes
hereunder shall be governed in all respects by and construed in
accordance with the laws of the State of Massachusetts, United
States of America, excluding its conflict of laws rules. Except for
disputes concerning or arising from your use of a domain name
registered with us, you and we each submit to exclusive subject
matter jurisdiction, personal jurisdiction and venue of the United
States District Court for Massachusetts. If there is no jurisdiction
in the United States District Court for Massachusetts, then
jurisdiction shall be in the Supreme Court of Massachusetts, Boston,
MA. Only for disputes concerning or arising from your use of a
domain name registered with us, you agree to submit to subject
matter jurisdiction, personal jurisdiction and venue of the United
States District Court for Massachusetts and the courts of your
domicile.
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AGREEMENT TO BE BOUND. By applying for our service(s) through
our online application process or by using the service(s) provided
by us under this Agreement, you acknowledge that you have read and
agree 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.
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