Application and Registration Agreement
for Assignment of Second Level Domain Name in a generic Top Level Domain
Application and Registration Agreement terms
for Assignment of Second Level Domain Name in a generic Top Level Domain
firstdomain.net (“firstdomain.net") submits your domain registration request
to our partner 1stDomain.net to facilitate a domain name registration on
your behalf. By submitting the application form, you acknowledge that you
have read and agree to the following Registration Agreement as well as
the Domain Name dispute policy, both of which
are part of the application.
REGISTRATION AGREEMENT
This Registration Agreement ("Agreement") sets forth the terms and
conditions of your use of 1stDomain.net and firstdomain.net to register
a domain name on the Internet. To complete the registration process, you
must read and agree to be bound by all terms and conditions of this Agreement,
the accompanying fee schedule and dispute policy, and any rules or policies
that are or may be published by 1stDomain.net and firstdomain.net. This
Agreement will become effective if accepted by 1stDomain.net and firstdomain.net.
1stDomain.net is an accredited registrar with the Internet Corporation
for Assigned Names and Numbers ("ICANN") under an agreement between 1stDomain.net
and ICANN. firstdomain.net is a partner of 1stDomain.net under an agreement
between firstdomain.net and 1stDomain.net. You acknowledge that 1stDomain.net
and / or firstdomain.net may modify this Agreement if necessary to comply
with its respective Agreements, or otherwise.
1. Fees As consideration for the domain name registration services provided
by 1stDomain.net and firstdomain.net, you agree to pay the current initial
registration fees and renewal fees according to the fee schedule which
is incorporated into this Agreement by reference. The fee schedule can
be found at http://www.firstdomain.net
Payments must be made by credit card as specified on the application form.
Your domain name will not be registered unless and until firstdomain.net
has received appropriate authorization from your credit card company. In
case of a declined card or a chargeback, the domain name is subject to
deletion without further notification.
We will try to contact you by email (sent to listed admin/billing contact
email of the domain name) when renewals are due. It is your responsibility
to keep the listed email information for the contacts of your domain updated.
You understand and agree that 1stDomain.Net, CORE and/or firstdomain.net do not
attempt to contact you in any other way than by email, and/or does not
verify that your email service was available. It shall be your responsibility
to check when your domain expires and to ensure that renewal fees are paid
prior to the expiration of the domain name. You may check for the expiration
date of your domain name at http://register.secureservice.net/cgi-bin/whois.pl
under "Domain expires:[date]. Should renewal fees go unpaid by the listed
expiration date, your registration is subject to immediate cancellation
/ deletion within 48 hours after expiration. You understand and agree that
1stDomain.Net, CORE and/or firstdomain.net shall have no liability whatsoever with
respect to any such cancellation/deletion.
If at anytime fees or
other charges payable to the applicable registry or to any other regulatory
body for a domain name registered by 1stDomain.net and firstdomain.net
on your behalf, shall increase, or any additional fee, tax or charge shall
become due and payable to any third party related to a domain name registered
by 1stDomain.net and firstdomain.net on your behalf, fees payable by you
to 1stDomain.net and firstdomain.net under this Agreement will increase
by such amount. All registrations are non-cancellable and non-refundable.
During the first sixty days after initial registration it is not possible
to transfer the domain to a different registrar.
2. Dispute Policy
You agree to be bound by the current ICANN Domain Name Dispute Policy
("Dispute Policy") which is incorporated into this Agreement by reference.
The Dispute Policy can be found at http://www.icann.org/udrp/udrp.htm.
Any disputes regarding the right to use your domain name will be subject
to the Dispute Policy. ICANN may modify the Dispute Policy in its sole
discretion at any time. Your continued registration of your domain name
after modification to the Dispute Policy becomes effective constitutes
your acceptance of those modifications. If you do not agree to such a modification,
you may request that your domain name be deleted.
You agree that you will be subject to the provisions specified in the
Dispute Policy in effect at the time your domain name is challenged by
a third party. You also agree that in the event a domain name dispute arises
with any third party, you will indemnify and hold 1stDomain.net and
firstdomain.net harmless pursuant to the terms and conditions contained
in the Dispute Policy.
3. Use of Your Information
As part of the registration process, you are required to provide certain
information and to update this information to keep it current, complete
and accurate. This information includes (i) your full name, postal address,
e-mail address, voice telephone number, and fax number if available; (ii)
the name of an authorized person for contact purposes in the case of a
registrant that is an organization, association, or corporation; (iii)
the IP addresses of the primary nameserver and any secondary nameservers
for the domain name; (iv) the corresponding names of those nameservers;
(v) the full name, postal address, e-mail address, voice telephone number,
and fax number if available of the technical contact for the domain name;
(vi) the full name, postal address, e-mail address, voice telephone number,
and fax number if available of the administrative contact for the domain
name; (vii) the name, postal address, e-mail address, voice telephone number,
and fax number if available of the zone contact for the domain name; and
(viii) any remark concerning the registered domain name that should appear
in the Whois data.
You acknowledge that willfully providing inaccurate information or
willfully failing to update information promptly will constitute a material
breach of this Agreement and will be a basis for cancellation of your domain
name. If you license use of a domain name to a third party, you are nonetheless
the holder of record of the domain name and are responsible for providing
your own full contact information and for providing and updating accurate
technical, administrative, and zone contact information.
You acknowledge that 1stDomain.net will make some of the information
that you provide during the registration process publicly available as
required by ICANN. Additionally, you acknowledge that ICANN may impose
guidelines, limits and/or requirements that relate to the amount and type
of information that 1stDomain.net may or must make available to the
public or to private entities. 1stDomain.net will not otherwise disclose
your information to any third party unless it is required to maintain your
domain name. You may request a copy of your information in 1stDomain.net
's possession to review, modify or update such information.
4. Use Policies
1stDomain.net reserves the right to suspend or cancel your domain name
in the event that you use the domain name to send unsolicited commercial
advertisements in contradiction to either applicable laws or customary
acceptable usage policies of the Internet, or if you use your domain
name in connection with unlawful activity.
5. Agents and Licenses
You agree that, if your domain name is registered on your behalf by
anyone acting as your agent (e.g., an Internet Service Provider, employee,
etc.), you are nonetheless bound as a principal by all terms and conditions
provided herein, including the Dispute Policy. You agree that if you license
the use of your domain name to a third party, you re-main the domain name
holder, and remain responsible for all obligations under this Agreement.
6. Limitation of Liability
YOU AGREE THAT 1stDomain.net AND firstdomain.net WILL NOT BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS
OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c)
ACCESS
DELAYS OR ACCESS INTERRUPTIONS TO 1stDomain.net `s AND/OR firstdomain.net`s
REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN
YOU AND 1stDomain.net AND/OR firstdomain.net; (e) EVENTS BEYOND 1stDomain.net
`s AND firstdomain.net`s REASONABLE CONTROL; (f) THE PROCESSING OF THIS
APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED
WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY
FEES
HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, 1stDomain.net
AND firstdomain.net WILL NOT BE LIABLE FOR 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 1stDomain.net AND/OR firstdomain.net HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 1stDomain.net’s AND
firstdomain.net`s MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU
TO 1stDomain.net AND/OR firstdomain.net FOR REGISTRATION OF YOUR DOMAIN
NAME DURING THE PRIOR 3 YEARS UNDER THE TERMS OF THIS AGREEMENT. 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.
7. Indemnity
You agree to defend, indemnify and hold harmless 1stDomain.net and
firstdomain.net and any applicable domain name registry, including Network
Solutions, Inc., and the directors, officers, employees and agents of each
of them, for any loss, damages or costs, including reasonable
attorneys' fees, resulting from any third party claim, action, or demand
related to your domain name or the use thereof. This indemnification is
in addition to any indemnification required under the Dispute Policy.
8. Representations and Warranties
You represent and warrant that all information provided by you in connection
with your registration is complete and accurate. 1stDomain.net and firstdomain.net
make no representation or warranties of any kind in connection with this
Agreement. 1stDomain.net and firstdomain.net do
not represent or warrant that registration of your domain name will
immunize you from challenges to your domain name.
9. Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy must be remedied
by you within 30 days of notice by 1stDomain.net and firstdomain.net. If
you fail to cure the breach, 1stDomain.net and firstdomain.net may revoke
your registration of the domain name.
You also agree that 1stDomain.net and firstdomain.net shall have the
right in its sole discretion to revoke, suspend, transfer or otherwise
modify a domain name registration upon seven (7) calendar days prior written
notice, or at such time as 1stDomain.net and/or firstdomain.net receive
a properly authenticated order from a court of competent jurisdiction,
or arbitration award, re-querying the revocation, suspension, transfer
or modification of the domain name registration.
10. Governing Law
This Agreement, your rights and obligations and all actions contemplated
by this Agreement shall be governed by the laws of the United States, as
if the Agreement was a contract wholly entered into and wholly performed
within the United States. Any action to enforce this Agreement or any
matter relating to your use of the 1stDomain.net and/or firstdomain.net
site shall be brought exclusively in the courts of the United States located
in Hawaii.
11. General
This Agreement, the fee schedule and the Dispute Policy, together with
all amendments or modifications to any of them, constitute the complete
and exclusive agreement between you and 1stDomain.net and firstdomain.net,
and supersede and govern all prior proposals, agreements, or other communications.
Nothing contained in this Policy shall be construed as creating any agency,
partner-ship, or other form of joint enterprise between the parties. The
failure of 1stDomain.net and/or firstdomain.net to require your performance
of any provision hereof shall not affect the full right to require such
performance at any time thereafter; nor shall the waiver by 1stDomain.net
and/or firstdomain.net of a breach of any provision hereof be taken or
held to be a waiver of the provision itself. In the event that any provision
of this Agreement shall be unenforceable or invalid under any applicable
law or be so held by applicable court decision, such unenforceability or
invalidity shall not render this Agreement unenforceable or invalid as
a whole. 1stDomain.net and/or firstdomain.net will amend or replace such
provision with one that is valid and enforceable and which achieves, to
the extent possible, the original objectives and intent of 1stDomain.net
and/or firstdomain.net as reflected in the original provision. No provision
of this Agreement, including the fee schedule and the Dispute Policy, not
be amended or modified by you except by means of a written document signed
by 1stDomain.net and firstdomain.net