:: Domain Name Registration Agreement
.WS Registration Agreement
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INTRODUCTION
You (“Registrant”) submit this registration agreement (“Registration
Agreement”) to Global Domains International, Inc., a California
corporation (“WebSite”), for the purpose of applying for service(s)
provided by WebSite. If WebSite, in its sole discretion, accepts
Registrant’s application for WebSite’s service(s), Registrant agrees
to be bound by the terms of this Registration Agreement, the terms
of the Dispute Policy (as defined in paragraph D below), and
WebSite’s terms of use and other published guidelines that may be
updated from time to time (together, the “Terms of Use”), all of
which are incorporated herein and made a part of this Registration
Agreement by reference. The acceptance of this Registration
Agreement and the performance of WebSite’s service(s) will occur at
WebSite’s offices in Carlsbad, California.
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FEES, PAYMENT and SERVICE PERIOD
(1) Domain Name Registration: As consideration for the registration
of each new domain name in WebSite’s domain name database and
assignment of such domain name to Registrant, Registrant agrees to
pay WebSite the applicable annual registration and/or renewal fees
as set forth on WebSite’s Web site for each registered domain name.
At the time of registration, Registrant must indicate an initial
registration period of two (2) to ten (10) years, which is renewable
thereafter for successive periods of one (1) to ten (10) years and
includes any permitted modification(s) to the domain name record
during the covered period. All fees for each period of registration
and renewal of registration are payable in full prior to domain
activation. Fees are due immediately and are non-refundable. Any
renewal of registration is subject to WebSite’s then current terms
and conditions and payment of all applicable renewal fees at the
time of renewal. After the initial registration period, renewal fees
(based on the cost of the domain, see rates) will be required.
Failure to pay renewal fees by the expiration of the initial
registration period or the prior renewal period will result in the
domain being deactivated and made available for registration by
others. Registrant's registration of the Domain shall automatically
renew 30 days prior to the end of the Registration Term (hereafter
the "Renewal Date") for a term of equal length and no less than 2
years unless Registrant notifies Registry prior to the Renewal Date
that Registrant intends to terminate the registration of the Domain
as of the end of the Registration Term. Registry is authorized to
attempt automatic renewal(s) until successful. Registrant hereby
expressly authorizes Registry to charge Registrant's credit card on
the Renewal Date an amount equal to the then current standard
registration fee for Domains of equal term. In the event Registrant
changes its credit card information (e.g., credit card number or
expiration date) or cancels the credit card on file with Registry,
Registrant agrees to a) promptly advise Registry of the same and
provide an updated credit card that can be charged by Registry. It
is the Registrant’s responsibility to update their credit card
information. If Registry is unable to secure payment the domain will
be returned to the available pool between 1-30 days after expiration
date. Registrant agrees that transfer of a domain name from
Registrant to another owner may be subject to an administrative
transfer fee determined in the sole discretion of WebSite. A
schedule of fees may be found at WebSite.ws’s Web site.
(2) Forwarding Service: At the time of Registrant’s submission of
application to register a domain name, Registrant may also apply for
WebSite’s web and email forwarding service (the “Forwarding
Service”), which provides hosting of Registrant’s domain on the
WebSite domain nameserver and forwarding to a single URL that
Registrant designates and email forwarding to an email address that
Registrant designates. As consideration for the provision of the
Forwarding Service by WebSite, Registrant agrees to pay WebSite the
applicable annual Forwarding Service and/or renewal fees as set
forth on WebSite’s Web site. Forwarding Service is available for an
initial period of one (1) year and is renewable thereafter for
successive periods of one (1) year. The fees for the initial period
of the Forwarding Service are immediately due and payable in full
prior to activation of the Forwarding Service. The fees for the
renewal period(s) of the Forwarding Service are due and payable in
full prior to each such renewal period. Fees for the Forwarding
Service are non-refundable. Any renewal of the Forwarding Service is
subject to WebSite’s then current terms and conditions and payment
of all applicable renewal fees at the time of renewal. A schedule of
fees may be found at WebSite.ws’s Web site.
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MODIFICATIONS TO REGISTRATION AGREEMENT
Registrant agrees that, during the term of this Registration
Agreement, WebSite may, in its sole discretion, revise the terms and
conditions of this Registration Agreement at any time. WebSite
agrees to post any such revised Registration Agreement on WebSite’s
Web site, and such revised Registration Agreement will be binding
and effective immediately upon the earlier of (1) its posting or (2)
upon notification to Registrant by e-mail or United States mail to
the then current address provided by Registrant. Registrant agrees
to review WebSite’s Web site (including the current version of the
Registration Agreement) periodically to be aware of any such
revisions. If Registrant does not agree with any revision to the
Registration Agreement, Registrant may terminate this Registration
Agreement at any time by providing WebSite with notice by e-mail or
by United States mail addressed to: Global Domains International,
Inc., 701 Palomar Airport Road, Suite 300, Carlsbad, California
92009, Attention: Termination Notice. Notice of Registrant’s
termination will be effective on receipt and processing by WebSite.
WebSite shall not be obligated to refund any fees paid by Registrant
if Registrant terminates this Registration Agreement. Registrant
agrees that Registrant’s continued use of WebSite’s service(s) after
any revision to this Registration Agreement becomes effective
constitutes Registrant’s acceptance of such revisions or changes,
and Registrant agrees to abide by and be bound by any such revisions
or changes. No employee, contractor, agent or representative of
WebSite is authorized to alter or amend the terms and conditions of
this Registration Agreement.
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DOMAIN NAME DISPUTE POLICY
WebSite is not responsible for the determination of anyone’s
eligibility to register a domain name. Trademark law differs from
country to country and, in some countries, from region to region.
Registrant agrees to be bound by WebSite’s current domain name
dispute policy that is incorporated herein and made a part of this
Registration Agreement by reference (the “Dispute Policy”). The
current version of the Dispute Policy may be found at WebSite.ws’s
Web site.
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DOMAIN NAME DISPUTE POLICY CHANGES OR MODIFICATIONS
Registrant agrees that WebSite, in its sole discretion, may change
or modify the Dispute Policy. WebSite agrees to post any such
revised policy on its Web site, and such revised policy will be
binding and effective immediately upon its posting. Registrant
agrees that Registrant’s maintaining the reservation or registration
of Registrant’s domain name after changes or modifications of the
Dispute Policy become effective constitutes Registrant’s acceptance
of the changes or modifications, and Registrant agrees to abide by
and be bound by any such changes or modifications. If Registrant
does not agree with any such change or modification, Registrant may
terminate this Registration Agreement in accordance with the
procedures specified in paragraph C above and request that its
domain name be deleted from WebSite’s domain name database. WebSite
shall not be obligated to refund any fees paid by Registrant if
Registrant terminates this Registration Agreement.
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DOMAIN NAME DISPUTES
Registrant agrees that, if the registration of its domain name by
WebSite is challenged by any third party, Registrant will be subject
to the provisions of the Dispute Policy in effect at the time of the
dispute. Registrant agrees that in the event a domain name dispute
arises with any third party, Registrant will indemnify and hold
WebSite harmless pursuant to the terms and conditions set forth
below in this Registration Agreement. If WebSite receives
notification that a complaint has been filed with a judicial or
administrative body regarding Registrant’s use of WebSite’s domain
name registration services, Registrant agrees not to make any
changes to Registrant’s domain name record without WebSite’s prior
approval. WebSite, in its sole discretion, may prohibit Registrant
from making changes to such domain name record until (1) WebSite is
directed to do so by the judicial or administrative body, or (2)
WebSite receives notification by Registrant and the other party
contesting Registrant’s registration and use of WebSite’s domain
name registration services that the dispute has been settled.
Furthermore, Registrant agrees that if Registrant is subject to
litigation or proceeding regarding Registrant’s registration and use
of WebSite’s domain name registration services, WebSite may deposit
control of Registrant’s domain name and domain name record into the
registry of the administrative or judicial body conducting such
litigation or proceeding.
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AGENTS
Registrant agrees that if this Registration Agreement is completed
by an agent for Registrant, such as an internet service provider,
administrative contact/agent, employee or other representative of
Registrant (each an “Agent”), Registrant is nonetheless bound as a
principal by all terms and conditions herein, including the Dispute
Policy. Registrant agrees that by continuing to use the services of
WebSite, Registrant shall be deemed to have ratified any
unauthorized actions of Registrant’s Agent. In addition, Registrant
is responsible for any errors made by Registrant’s Agent. WebSite
shall not be obligated to refund any fees paid by Registrant or
Registrant’s Agent for any reason.
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LIMITATION OF LIABILITY
Registrant agrees that WebSite shall have no liability to Registrant
for any and all loss Registrant may incur resulting from or in
connection with, but not limited to: (1) WebSite’s processing of
this Registration Agreement; (2) WebSite’s processing of any
authorized modification to the domain name record during the covered
period; (3) Registrant’s, or Registrant’s Agent’s, or Registrant’s
internet service provider’s, failure to pay either the initial
registration fee or any renewal fee; (4) the application of the
provisions of the Dispute Policy; (5) access delays or access
interruptions; (6) data non-delivery; (7) acts of nature; (8)
errors, omissions or misstatements in any and all information or
services provided under this Registration Agreement; (9) deletion or
failure to store e-mail messages; (10) the development or
interruption of Registrant’s Web site; or (11) any action or
omission of a third party with whom Registrant enters into an
agreement as a result of any promotion, advertisement or sponsorship
related to, or in connection with, any service(s) of WebSite.
Registrant agrees that its sole and exclusive remedy with respect to
services provided pursuant to this Registration Agreement and/or for
any breach of this Registration Agreement shall be limited to the
lesser of (1) the amount Registrant paid for such services or (2)
Five Hundred United States Dollars (US). Furthermore, WebSite and
its contractors and affiliates shall not be liable for any direct,
indirect, incidental, special or consequential damages, or for any
loss of revenue, profits or data, arising in connection with this
Registration Agreement. Because some states do not allow the
exclusion or limitation of liability for consequential or incidental
damages, in such states, WebSite’s liability is limited to the
extent permitted by applicable law.
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INDEMNITY
Registrant agrees to release, indemnify, and hold WebSite, in
WebSite’s capacities as the registry and a registrar, and WebSite’s
contractors, agents, employees, officers, directors, shareholders,
affiliates and assigns harmless from and against all liabilities,
claims, damages, costs and expenses, including reasonable attorneys'
fees and expenses, relating to or arising in connection with
Registrant’s use of the services provided by WebSite, a third
party’s use of WebSite’s services from Registrant’s computer,
Registrant’s registration or use of a domain name and actual or
alleged infringement by Registrant or its Agent(s), of intellectual
property rights, privacy rights or any other rights of third
parties, including, without limitation, trademark dilution by
Registrant, or a violation of the Terms of Use. If WebSite is
threatened with suit or sued by a third party, WebSite may seek
written assurances from Registrant concerning Registrant’s promise
to indemnify WebSite. Registrant’s failure to provide those
assurances may be considered by WebSite to be a material breach of
this Registration Agreement.
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BREACH
Registrant agrees that failure to abide by any provision of this
Registration Agreement, the Dispute Policy or the Terms of Use,
Registrant’s willful provision of inaccurate or unreliable
information as part of the application process, Registrant’s failure
to update Registrant’s information to keep it current, complete or
accurate, or Registrant’s failure to respond for over ten (10)
calendar days to inquiries from WebSite concerning the accuracy of
the contact details associated with Registrant’s domain name
registration or use of WebSite’s service(s) shall be deemed by
WebSite to be a material breach by Registrant. WebSite may provide a
written notice, describing the breach, to Registrant. If, within ten
(10) calendar days of the date of mailing of such notice, Registrant
fails to provide evidence, which is reasonably satisfactory to
WebSite, that it has not breached its obligations, then WebSite may
delete Registrant's registration of its domain name and/or terminate
the other service(s) of WebSite that Registrant is using without
further notice. Any such breach by Registrant shall not be deemed to
be excused simply because WebSite did not act earlier in response to
that breach, or any other breach, by Registrant. WebSite shall not
be obligated to refund any fees paid by Registrant if WebSite
terminates this Registration Agreement.
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NO GUARANTY
Registrant agrees that, by registration of a domain name, such
registration does not confer immunity from objection to either the
registration or use of the domain name.
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REPRESENTATIONS AND WARRANTIES
Registrant represents and warrants by submitting this Registration
Agreement that: (1) to the best of Registrant’s knowledge and
belief, the information submitted to WebSite by Registrant or
Registrant’s Agent is true and correct, and that any future changes
to this information will be provided to WebSite in a timely manner
according to the domain name and other applicable modification
procedures in place at that time; (2) to the best of Registrant’s
knowledge and belief, neither the registration of Registrant’s
domain name nor the manner in which Registrant intends to use such
domain name will directly or indirectly infringe the legal rights of
a third party; (3) Registrant has all requisite power and authority
to execute this Registration Agreement and to perform Registrant’s
obligations hereunder; (4) Registrant is of legal age to enter into
this Registration Agreement; and (5) with respect to the Forwarding
Service only, Registrant has the necessary rights to use the
Forwarding Service to forward, point, alias or resolve Registrant's
domain name(s) to the other domain name designated by Registrant in
ordering such Forwarding Service. Registrant agrees that use of
WebSite’s service(s) is solely at Registrant’s own risk. Registrant
further agrees that all of WebSite’s service(s) are provided on an
“as is” and “as available” basis. Any breach of any of these
representations and warranties by Registrant will constitute a
material breach of this Registration Agreement.
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DISCLAIMER OF WARRANTIES
WebSite 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. WebSite makes no warranty that WebSite’s
service(s) will meet Registrant’s requirements, or that such
service(s) will be uninterrupted, timely, secure, or error free; nor
does WebSite make any warranty as to the results that may be
obtained from the use of WebSite’s service(s). No advice or
information, whether oral or written, obtained by Registrant from
WebSite shall create any warranty not expressly made herein. To the
extent jurisdictions do not allow the exclusion of certain
warranties, some of the above exclusions may not apply to
Registrant.
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REVOCATION
Registrant agrees that WebSite may terminate Registrant’s
contractual right to use WebSite’s service(s) if the information
Registrant provides pursuant to this Registration Agreement, or
subsequent modification(s) thereto, contains false or misleading
information, or conceals or omits any information WebSite would
likely consider material to its decision to approve this
Registration Agreement and continue to provide services hereunder.
Registrant agrees that WebSite may terminate any of its service(s),
including domain name registration service(s), in the event that
Registrant uses such service(s) for any improper purpose, as
determined in the sole discretion of WebSite. Registrant further
agrees that WebSite may suspend, cancel or transfer Registrant’s
domain name registration in order to correct mistakes made by
WebSite in registering Registrant’s chosen domain name or to resolve
a dispute under the Dispute Policy. WebSite shall not be obligated
to refund any fees paid by Registrant if WebSite terminates its
services.
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RIGHT OF REFUSAL
WebSite, in its sole discretion, reserves the right to refuse to
register Registrant’s requested domain name or provide Registrant
with any other WebSite service(s), or to delete Registrant’s domain
name within the first thirty (30) calendar days from receipt of
Registrant’s payment of the registration fee. Registrant agrees that
the submission of this Registration Agreement does not obligate
WebSite to accept this Registration Agreement. Registrant agrees
that WebSite shall not be liable for loss or damages that may result
from WebSite's refusal to accept this Registration Agreement,
WebSite’s registration or deletion of Registrant’s domain name or
WebSite’s refusal to provide any other service(s).
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SEVERABILITY
Registrant agrees that the terms of this Registration Agreement are
severable. If any term or provision is declared invalid or
unenforceable, it shall not affect the remaining terms or provisions
which shall continue to be binding and remain in full force and
effect.
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ENTIRETY
Registrant agrees that the terms of this Registration Agreement, the
Dispute Policy, the Privacy Policy, the Terms of Use and any other
rules and policies published by WebSite are the complete and
exclusive agreement between Registrant and WebSite regarding the
registration of Registrant's domain name and supersede all prior
representations, agreements and understandings, whether established
by custom, practice, policy or precedent.
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NON-ASSIGNMENT
Registrant’s rights under this Registration Agreement are not
assignable. Any attempt by Registrant to assign Registrant’s rights
shall render this Registration Agreement voidable at WebSite’s
option. Any attempt by Registrant’s creditors to obtain an interest
in Registrant’s rights under this Registration Agreement, whether by
attachment, garnishment or otherwise, shall render this Registration
Agreement voidable at WebSite’s option.
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GOVERNING LAW
Registrant agrees that this Registration Agreement shall be governed
in all respects by and construed in accordance with the internal
laws of the State of California, United States of America, without
reference to California’s conflict of law principles. By submitting
this Registration Agreement, Registrant hereby consents to the
exclusive jurisdiction and venue of the state and federal courts
located in the County of San Diego, California.
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THIS IS DOMAIN NAME REGISTRATION AGREEMENT VERSION NUMBER 1.0
This Registration Agreement is only for registrations under the
top-level domain: .WS. By completing and submitting this
Registration Agreement for consideration and acceptance by WebSite,
Registrant agrees that Registrant has read and agrees to be bound by
paragraphs (A) through (S) above.
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