Yahoo Small Business Consolidated Terms of Service
1.0 ACCEPTANCE OF TERMS
1.2 Yahoo reserves the right, in its sole discretion, to change, modify, add, or remove all or part of these Terms, including but not limited to any term, applicable fee, policy, or guideline, at any time without notice or acceptance by You, except as provided in Section 4. Regardless of whether Yahoo has provided You individual notice, Your continued use of the Service following Yahoo's notice or posting of changed Terms will constitute Your acceptance of such changes. It is Your responsibility to check regularly for changes to the Terms and ensure that any contact information You provide to Yahoo is updated and correct.
1.3 If You are registering a new domain name or using a previously registered domain name in conjunction with the Service, Your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") or the .IN Domain Name Registry (INRegistry) as the case may be and the appropriate Melbourne IT Domain Name Registration Agreement/SGS Technologie Agreement set forth below, which is an agreement between You and Melbourne IT/SGS Technologies, and not with Yahoo
If You want to use the Service while retaining Your existing domain name, You, and not Yahoo, shall be responsible for the renewal of Your domain name as well as other issues relating to Your existing domain, including payments for the same as stipulated in Clause 11.3 below. You clearly understand and acknowledge that aspects of managing Your existing domain such as locking / unlocking the same as well as editing contact information etc. are not possible through Yahoo Domain Control Panel. You further understand and agree that You will need to download Your content from the current hosting location and upload the same onto Yahoo hosting. Your Emails available on Your earlier account will not be available automatically in Your new Yahoo account and You will be required to forward the same to Your new account. You will further need to save Your web content and pages before You release Your existing hosting space and email account. You understand that you will need to and agree that You will contact Your registrar of your existing domain name to change the name-server entry which shall be required to fetch the web pages and content from Yahoo servers. You are advised to do this change after You have uploaded all required web pages and content to Yahoo hosting. A detailed instructions document is available which describes the detailed steps involved in redelegation and is available at http://in.business.yahoo.com/redelegation_instructions.html
1.4 BY COMPLETING THE REGISTRATION PROCESS ("Registration Process") AND CLICKING THE "I ACCEPT" BUTTON, YOU: (a) agree to be bound by these Terms and, if applicable, the Melbourne IT Domain Name Registration Agreement/SGS Technologie Agreement; (b) represent and warrant that, if You are an individual, You are 18 years old or older and that you are registering for the purpose of business and not for personal use or, if you are an entity, that You are a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept these Terms; (c) agree to provide true, accurate, current, and complete information in the Service registration form, including billing and credit card related information and other account information (all together, the "Account Information"), and agree to maintain and update this information to keep it true, accurate, current, and complete; (d) represent and warrant that credit card details are Your own and if that is not the case You have the express authorization from the owner of the credit card to provide details to perform under these Terms (e) agree to be bound by the terms of the ICANN Uniform Domain Name Dispute Resolution Policy located at http://www.icann.org/udrp/udrp.htm as may be amended or relocated from time to time or applicable policy of the INRegistry located at http://www.registry.in/, as the case may be; and (f) represent and warrant that You have the power and authority to enter into and perform under these Terms. If these Terms or any future changes are unacceptable to You, Your sole remedy is to cancel Your Service. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, DO NOT COMPLETE THE REGISTRATION PROCESS.
2.0 DESCRIPTION OF SERVICE
2.1 The complete list of Services governed by this Agreement is as follows:
2.2 Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Service resources, shall be subject to these Terms. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any fees associated with such access. You are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for Your access to and use of the Service and any Software, and for all related fees.
2.3 The Service is designed to serve certain needs of small, independently owned and operated businesses in India. The Service is not intended to support the needs of large enterprises or internationally based businesses.
3.0 INTELLECTUAL PROPERTY
3.1 Except for the rights expressly granted herein, this Agreement does not transfer from Yahoo to You any Yahoo developed, licensed, or owned technology, and all rights, title, and interest in and to such technology will remain solely with Yahoo. The parties agree that they will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the other party.
3.2 Notwithstanding anything to the contrary in this Agreement, You will not attempt to prohibit or enjoin Yahoo at any time from utilizing any skills or knowledge of a general nature acquired during the course of providing the Services, including, without limitation, information publicly known or available or that could reasonably be acquired in similar work performed for another customer of Yahoo
3.3 Yahoo may be required to disclose information under the Information Technology Act, 2000,as amended or any other law for the time being in force requiring such disclosures and You expressly authorize Yahoo to comply with any and all lawful notices, summons, court orders, or warrants without prior notice to You.
3.4 You will not use Yahoo's name or any language, pictures, or symbols that could, in Yahoo's sole judgment, imply Yahoo's identity in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without Yahoo's prior written consent. You agree that any and all press releases and other public announcements related to this Agreement and subsequent transactions between Yahoo and You, including the method and timing of such announcements, must be approved in advance by Yahoo in writing. Yahoo reserves the right to withhold approval of any public announcement in its sole discretion. Without limitation, any breach of Your obligation regarding public announcements shall be a material breach of these Terms.
3.5 Yahoo, other Yahoo product and service names, and all of their related logos are each trademarks of Yahoo Inc. (the "Yahoo Marks"). Without Yahoo's prior written permission, you agree not to display, or use in any manner, the Yahoo Marks.
4.1 Payment Terms
Unless modified in accordance with Section 4.4, You will pay the fee(s) due according to the prices and terms as applicable to your Services, including option features, for the term option as selected by You by the payment mechanism as available on the Yahoo Small Business website or such other mechanism as approved by Yahoo. All installation or setup fees and non-recurring charges (if applicable), along with the first recurring charges, shall be due and payable within ten (10) days of initiation of Service. Thereafter, recurring fees will be payable in advance to the expiry date of the then current Term which shall be payable by such payment mechanism as available on the Yahoo Small Business website or such other mechanism as approved and accepted by Yahoo. If You have made the payment by Your credit card then you hereby authorize Yahoo to charge Your credit card for the fees for the Renewal Term. If Your credit card is invalid or You are otherwise past due in your payments for any reason, the Service may be terminated and removed from Yahoo's servers by Yahoo with or without notice, and all the information contained within deleted permanently. Yahoo accepts no liability for information or content that is deleted due to an invalid payment method or where Your payments are past due. In the event You fail to pay charges, Yahoo may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, You agree to reimburse Yahoo for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You also agree to pay all current charges for the Service as well as taxes and fees assessed against You or Yahoo on the charges and all late payment, interest, or other fees as stated on Your bill. Yahoo may modify its billing practices or late payment charges by providing You with prior written notice of the modification. Yahoo in its discretion may offer discounts or special offers from time to time which shall be governed by the terms and conditions, if any, of the respective special offers.
4.2 Web Hosting, Business Email, and Domains
If You have opted for Web Hosting, Business Mail, Domain and/or Web Hosting & Business Mail You will be charged, as applicable, (a) a one-time setup fee and (b) a recurring Service fee.
See the current Web Hosting fee schedule; Business Email fee schedule, Domains fee schedule or Web Hosting and Business Mail Fee schedule. To know your current payment schedule, you may contact our customer service via email or speak to a live Yahoo! Representative between Mon- Sat, 8:30 AM to 8:30 PM (Except for the national public holidays).
Upgradation of billing term, if any, will take effect upon the expiry of the current term of Services as opted by you. You will be charged, any and all fees, as applicable based upon your upgrade which is payable by You by the payment mechanism as available on the Yahoo Small Business website or such other mechanism as approved by Yahoo.
4.4 Price Changes
Yahoo may, at any time change the amount of or basis for determining any fee or charge or institute new fees or charges with respect to the Services. Upon renewal, as provided in Section 5.1, the prices charged may be changed to the then prevailing price for the Services.
You shall pay or otherwise be responsible for all central, state, or local sales, use, excise, gross receipts, municipal fees, transfer, transaction, property, or similar taxes, fees, or surcharges (hereinafter "Tax") imposed on, or with respect to, the Services under this Agreement.
5.0 TERM AND TERMINATION
The initial term of this Agreement will commence on the date that You click the acknowledgement box to acknowledge that You have read, understood, and agree to this Agreement and will remain in effect for the period of time corresponding to the plan You last selected (whether during the Registration Process or when You last modified Your plan) ("Initial Term").
At the end of the Initial Term, Your Service will automatically renew on a recurring basis for the same period of time You last selected (a "Renewal Term"), unless you cancel in accordance with Section 5.2.
If You do not cancel or if You fail to notify Yahoo! of Your intent not to renew prior to Your Renewal Term, You agree to renew Your subscription for the Renewal Term, and Your Service will be renewed at the then-current rates and fees. Except as set forth in this Agreement, neither party will be liable to the other for any termination or expiration of any Service or this Agreement in accordance with its terms. If You have made the payment by Your credit card and in the event You fail to notify Yahoo of Your intent not to renew, this Agreement may be automatically renewed within thirty (30) days prior to the end of the then current Term, for Your immediate last Term at the rates and charges as applicable on the date of such Renewal. If during the Term of Your Services You select to change Your Term at your own discretion or pursuant to any special or promotional offers which Yahoo may in its discretion offer from time to time, then that selected term period will be applicable only upon the expiry of the then current Term.
5.2 Cancellation/Termination by You
You may cancel Your Service and terminate these Terms at any time. To cancel any Service, You must contact us via email or speak to a live Yahoo! representative between Mon- Sat, 8:30 AM to 8:30 PM (Except for the national public holidays). Voicemail, or other notification will NOT be accepted for cancellation. If You cancel within three (3) days of commencement of the Initial Term or Renewal Term, you will get a full refund of the fee if you have already made that payment and if you have not made the payment the same shall be waived. If You cancel the Service any time after the three (3) days referred to above but before the end of the Initial or Renewal Term, Your Service and access to the Service will be discontinued immediately, and no refund will be provided for any payments You have made.
If You registered for a new domain name in conjunction with Your Service, and cancel before You have paid your subsequent payment without disputing such charge with either your credit card company or Yahoo, Yahoo reserves the right to request the domain name provider to remove the domain name from the domain name registry and/or transfer the domain name from You to Yahoo. You acknowledge that where Yahoo transfers such domain name to Yahoo under this Section 5.2, Yahoo will hold all rights of the registered domain name holder in respect of that domain name, including the right to sell the domain name to a third party (where this was a right held by You as the original registrant in respect of the relevant domain name). Additionally, Your domain name will cease working with Your email and no longer point to Your web site. After cancellation and/or expiration of this Agreement, You will no longer have access to Your web site and all information contained therein may be deleted by Yahoo
If You did not register for a new domain name in conjunction with the Service, or did register for a new domain name but cancel Your Service after You have paid Your subsequent payment without disputing such charge with either your credit card company or Yahoo, Your domain name will remain registered for its current term. However, Your domain name will cease working with Your email and no longer point to Your web site. After cancellation and/or expiration of this Agreement, You will no longer have access to Your web site and all information contained therein may be deleted by Yahoo
5.3 Termination by Yahoo
Yahoo may terminate these Terms at any time upon notice to You. Notwithstanding anything to the contrary herein, Yahoo may also, but has no duty to, immediately suspend or terminate Your Service, terminate Your access and password, remove Your Service from Yahoo's servers, or remove any Content within the Service, if Yahoo concludes, in its sole discretion, that You (a) have breached, violated, or acted inconsistently with the letter or spirit of these Terms, including any applicable Yahoo Policy or any applicable law or regulation; (b) have provided false information as part of your Account Information; (c) have failed to keep your Account Information complete, true, and accurate; (d) fail to respond to any email communication sent to the email address listed in your Account Information; (e) are engaged in fraudulent or illegal activities or the sale of illegal or harmful goods or services; or (f) are engaged in activities or sales that may damage the rights or reputation of Yahoo or others (each "Termination for Cause"). Any Termination for Cause by Yahoo will take effect immediately, and You expressly agree that You will not have any opportunity to cure. If Your Yahoo ID is terminated for any reason, these Terms and Your access to the Service will also be terminated. Additionally, if You registered a new domain name in conjunction with Your Service, and Yahoo terminates Your Service due to a Termination for Cause, then Yahoo reserves the right to request the domain name provider to remove the domain name from the domain name registry and/or transfer the domain name from You to Yahoo You acknowledge that where Yahoo transfers such domain name to Yahoo under this Section 5.3, Yahoo will hold all rights of the registered domain name holder in respect of that domain name, including the right to sell the domain name to a third party (where this was a right held by You as the original registrant in respect of the relevant domain name).
5.4 Termination for Cause by Either Party
In addition to any other right to terminate set forth herein, either party may terminate this Agreement if: (i) the other party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the same, except in the case of failure to pay fees, which must be cured within five (5) days after receipt of written notice from Yahoo; (ii) the other party becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors; or (iii) the other party becomes the subject of an involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors, if such petition or proceeding is not dismissed within sixty (60) days of filing.
5.5 Termination - Legal Event
In the event a ruling, regulation, or order issued by a judicial, legislative, or regulatory body causes Yahoo to believe that these Terms and/or the Service provided hereunder may be in conflict with such rules, regulations, and/or orders, Yahoo may suspend or terminate the Service, or terminate these Terms without liability.
5.6 Deletion of Content
Upon any termination of the Service, Yahoo reserves the right to permanently delete from its servers any and all information and content contained in Your account or Service, including but not limited to order processing information, mailing lists,files, email, and any web pages generated by You or the Service. Yahoo accepts no liability for such deleted information or content.
5.7 Responsibility for Fees
Should Yahoo suspend a portion, but not all, of your Service due to a violation by You of any law, regulation, or policy, You shall remain liable for all fees applicable to the Service as a whole. Should Yahoo terminate your Service, You are liable for the payment of all fees applicable to the Service up to the date of termination, in addition to any early termination fees (if any).
You expressly waive any statutory or other legal protection in conflict with the provisions of this Section 5.
As part of the Service, You agree to receive the first of an ongoing series of product update communications related to the Service ("Business Services Product Updates"). Business Services Product Updates may include information about Yahoo Web Hosting, Yahoo Business Email and/or Yahoo Domain Services, in addition to other related products and services. Upon receipt of this first Business Services Product Update, You will have the opportunity to opt out of future Business Services Product Updates by clicking on unsubscribe links or by following unsubscribe instructions within the communication. Please note that You may also visit your Yahoo Marketing Preferences page (http://subscribe.yahoo.com/showaccount?.scrumb=1R.4w4xKIBK) at any time to manage Your communication preferences for other optional communication categories.
7.0 PRIVACY AND ACCEPTABLE USE
7.1 Yahoo Policies
As part of Your Registration Process, You agree that some communications are required, such as, by way of example and not limitation, customer service messages regarding Your Service, and updates to the Service. In order to opt out of receiving such communications, You must cancel the Service. You also understand and agree that the Service may include certain communications from Yahoo, such as service announcements and administrative messages, that these communications are considered part of Yahoo membership, and that You will not be able to opt out of receiving them.
7.2 Prohibited Uses
In addition to those matters set forth in the Yahoo Policies, You shall not post, transmit, retransmit, or store material on or through any of the Services which, in the sole judgment of Yahoo (i) is in violation of any local, state, central, or foreign law or regulation, (ii) is threatening, obscene, indecent, defamatory, or that otherwise could adversely affect any individual, group, or entity (collectively, "Persons"), or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for Your use. You agree and acknowledge that the website operated by Yahoo India Private Limited is in conformity with the requirements of the Information Technology Act, 2000, as amended, as also rules, regulations, directions, orders and notifications thereunder. You agree and acknowledge that Yahoo India Private Limited has exercised "all due diligence" within the meaning of the Indian Information Technology Act, 2000, as amended in order to prevent the commission of any offence or contravention of the said law. You agree that you will NOT use the Service, among other things, to:
(a) upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including but not limited to a Yahoo official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
(e) upload, post, email, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(g) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
(h) upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate, attempt to violate, or avoid any applicable ICANN or INRegistry regulation or policy;
(k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Securities and Exchange Board of India (SEBI), any rules of any national or other securities exchange, including, without limitation, the National Stock Exchange (NSE) or the Bombay Stock Exchange (BSE) and any regulations having the force of law;
(l) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(m) "stalk" or otherwise harass another;
(n) collect, transmit, or store personal or financial data about any individual or entity, other than in accordance with Section 9.3 herein;
(o) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons, and creating "Crush" sites;
(p) use your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond Yahoo GeoCities;
(q) have multiple Yahoo GeoCities addresses that are within the same Yahoo GeoCities neighborhood or that have the same theme; or
You agree to indemnify and hold harmless Yahoo from any claims resulting from the use of the Services which damages You or any other party. Yahoo reserves the right to investigate You, Your business, and/or Your owners, officers, directors, managers, and other principals, Your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for Yahoo's benefit, and not for Your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in Yahoo's sole opinion, constitutes a violation of any local, state, central, or foreign law or regulation, or the Yahoo Policies, Yahoo may immediately shut down the site, and notify You of the action. You agree to waive any cause of action or claim You may have against Yahoo for such action.
7.3 Advertising and PromotionsYahoo runs advertisements and promotions on Dormant Domains. A Dormant Domain is any domain name that uses Yahoo's name servers and is not being used by You to display Your content. A domain may become dormant by, including without limitation, (i) not setting up the bonus Starter Web Page offered by Yahoo Domains, Yahoo Custom Mailbox, or Yahoo Business Mail upon purchase of any of these products, (ii) not modifying the default "Under Construction" page provided with your Yahoo Web Hosting product, (iii) cancellation or expiration of the Yahoo Domains service without redelegating or transferring the domain to another provider, (iv) canceling your Custom Mailbox, Business Mail or Web Hosting, service without redelegating or transferring the domain to another provider. By allowing Your domain name to become a Dormant Domain, you agree that Yahoo has the right to run such advertisements and promotions. In the event you would like Yahoo to cease running advertisements and promotions on your Dormant Domain, you may contact Yahoo as set forth at http://in.business.yahoo.com/contactus/ . The manner, mode, and extent of advertising by Yahoo on your Dormant Domain is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that Yahoo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
7.4 Abusive User Behavior
Yahoo uses certain confidential internal and third-party tools and techniques to protect users from abusive and other harmful behavior on the Internet and on the Yahoo servers. Yahoo reserves the right to take any action it deems necessary at its sole discretion, including, without limitation, account termination or suspension, to protect against such abusive or harmful behavior. Yahoo updates these tools, techniques, and practices from time to time as the abusive practices and industry standards change. You agree that Yahoo shall not be responsible or liable for any loss or damage of any sort incurred by You, or any third party, as the result of Yahoo taking or not taking any actions in response to any actual or perceived abusive user behavior.
8.0 OWNERSHIP AND SECURITY
You will receive a password from Yahoo to provide access to and use of Your Service, and You agree to keep Your password confidential. You are entirely responsible for maintaining the security of Your Service, and You are fully responsible for all activities that occur under Your Service and password, and any other actions taken in connection with the registered domain name, including any email accounts or sub-accounts that You create for You or other individuals ("Domain Email Users"). You agree to immediately notify Yahoo of any unauthorized uses of the Service or any other breaches of security. Yahoo cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Yahoo be liable, in any way, for any acts or omissions of You or any user of Your Service to whom You gave access, including any damages of any kind incurred as a result of such acts or omissions.
9.0 CONTENT AND SOFTWARE: THIS SECTION APPLIES TO WEB HOSTING, BUSINESS EMAIL, AND DOMAINS CUSTOMERS
9.1 Content and Conduct Rules
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services, links to other World Wide Web sites or resources, and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that You, and not Yahoo, are entirely responsible for all Content that You upload, post, transmit, or otherwise make available via the Service. The Content must comply with these Terms, including applicable Yahoo Policies, and any applicable law or regulation.
9.3 Content Ownership
Yahoo does not claim ownership of the Content You place on Your Service. By submitting Content to Yahoo for inclusion on Your Service, You grant Yahoo and its successors and assignees, the worldwide, royalty-free, and nonexclusive license under Your copyrights and other intellectual property rights, if any, in all material and content displayed in Your web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media and display in any manner and on any Yahoo property the results of search queries and comparisons conducted on Yahoo, including, without limitation, searches conducted on the Service. You also grant Yahoo the right to maintain such content on Yahoo's servers during the term of these Terms and to authorize the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license exists only for as long as You continue to be a Service customer and terminates when Your Service is terminated.
You acknowledge that Yahoo does not prescreen Content, but that Yahoo and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Yahoo and its designees shall have the right to remove any Content that violates these Terms, including any applicable Yahoo Policies, is illegal, or is otherwise objectionable as determined in Yahoo's sole discretion. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You agree and acknowledge that the website operated by Yahoo India Private Limited is in conformity with the requirements of the Information Technology Act, 2000, as amended, as also rules, regulations, directions, orders and notifications thereunder. You further agree and acknowledge that Yahoo India Private Limited has exercised "all due diligence" within the meaning of the Indian Information Technology Act, 2000, as amended, in order to prevent the commission of any offence or contravention of the said law.
9.4 Yahoo Proprietary Rights and Software
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content available from Yahoo for the Service, or contained in sponsor advertisements or information presented to You through the Service or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Yahoo or advertisers, You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the such Content, the Service, or the Software, in whole or in part.
Yahoo grants to You a personal, nontransferable and nonexclusive right and license to use the object code of its Software only on a server controlled by Yahoo for the sole purpose of using the Service; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided or authorized by Yahoo for use in accessing the Service.
You may not use web pages or parts of web pages generated by means of the Software, other than Content that originates from and is proprietary to You, on any server other than the servers controlled by Yahoo without Yahoo's express written agreement. You also acknowledge and agree that the Software is intended for access and use by means of web browsing software, and that Yahoo does not commit to support any particular browsing platform. Yahoo reserves the right at any time to revise and modify the Software, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the Software, without notice to You. If any revision or modification to the Software materially changes Your ability to conduct business, Your sole remedy is to cancel Your Service.
With respect to any elective, additional software that may be made available by Yahoo in connection with the Service, if You elect to download or access such additional software, You understand that You may have to agree to additional terms and conditions before You use such software.
9.5 Yahoo Small Business Account Function
You acknowledge that the Web Hosting service is offered as a platform to host and serve web pages and web sites and is not offered for other purposes, such as remote disk space storage. Accordingly, You understand and agree to use the web hosting service solely for the purpose of hosting and serving web pages as viewed through a web browser and the Hypertext Markup Language (HTML) protocol or other equivalent technology. Yahoo Small Business is also a shared web hosting service, which means a number of customers' web sites are hosted from the same server. To ensure that Yahoo Small Business is reliable and available for the greatest number of users, a customer's web site usage cannot adversely affect the performance of other customers' sites. Additionally, the purpose of Yahoo web hosting is to host web sites, not store data. Using an account primarily as an online storage space for archiving electronic files is prohibited. You further agree that if, at Yahoo's sole discretion, You are deemed to have violated this section, or if Yahoo, in its sole discretion, deems it necessary due to excessive burden or potential adverse impact on Yahoo's systems, potential adverse impact on other users, server processing power, server memory, abuse controls, or other reasons, Yahoo may suspend or terminate Your account without notice to You and with no liability to Yahoo.
10.0 YAHOO BUSINESS EMAIL: THIS SECTION APPLIES TO WEB HOSTING, AND BUSINESS EMAIL CUSTOMERS
10.1 Service Description
Yahoo Business Email allows You to register a domain name and to create web-based or POP email accounts for the purpose of sending and receiving email at the domain name registered by You. If you have a Business Email product, other than Custom Mailbox, You can create email subaccounts for Domain Email Users so that they may send and receive email with selected email addresses. You expressly agree that any violation of these Terms may result in termination of any and all email accounts, as determined in Yahoo's sole discretion. Yahoo expressly assumes no liability for any losses incurred due to Domain Email User activities.
10.2 Domain Email Users
If You are a Domain Email User, You agree that Your use of Your email subaccount is also subject to these Terms, and the Business Email Additional Terms of Service http://in.business.yahoo.com/additional-terms-business-email and that Your violation of these Terms may result in termination of Your subaccount, or the entire Service, as determined in Yahoo's sole discretion. Please note that all Domain Email Users who are assigned web-based email subaccounts must have Yahoo IDs and are subject to the Yahoo Terms of Service (http://in.docs.yahoo.com/info/terms). Yahoo expressly assumes no liability for any losses incurred by You due to Domain Email User activities. Domain Email Users who are assigned web-based email subaccounts may use their Yahoo IDs to access Yahoo Calendar, Address Book, Briefcase, and Notepad (collectively "PIM") in conjunction with their Business Email accounts. Information residing in a Domain Email User's PIM belongs to the Domain Email User. Information residing in the separate Business Email account belongs to You. You may edit preferences, settings, add or delete email addresses, read or send email, monitor Domain Email User behavior, and control access to certain areas on the Business Email account.
11.0 YAHOO DOMAINS
11.1 For Yahoo Domains, the Service includes assisting You in acquiring or moving a domain name (i.e. web address) as well as providing you access to certain Yahoo software to facilitate your use of the Service.
PLEASE NOTE: WITH RESPECT TO YAHOO DOMAINS, NOTHING IN THE AGREEMENT OBLIGATES YAHOO TO LIST OR LINK TO YOUR DOMAIN NAME OR PROVIDE WEB SITE HOSTING SERVICES IN CONNECTION WITH YOUR DOMAIN NAME BEYOND THAT PROVIDED WITHIN THE SERVICE.
11.2 If You register a new domain name in conjunction with any Service, the following terms also apply:
(a) Yahoo has chosen Internet Names Worldwide (a division of Melbourne IT Limited), or "INWW," an ICANN accredited registrar, for .com, .net, .org, .biz, .info, and .us domain names and SGS Technologie, an INRegistry accredited registrar for .in, to provide domain name registration services. You hereby authorize Yahoo to acquire Your selected domain name from INWW or SGS Technologie. In order to receive a domain name, You must agree to INWW's terms and conditions, which is at the bottom of these Terms for .com, .net, .org, .biz, and .info domain names, .us domain names and http://netandhost.com/termsandconditions.htmlfor .in domain names, as may be amended. You understand that You are creating a separate contractual relationship between You and INWW or SGS Technologies, and that You, and not Yahoo, are responsible for all fees, liability, and obligations in connection with that relationship. Until the Service is canceled or otherwise terminated, Yahoo will pay on Your behalf the domain registration/renewal fees as part of the Service on an annual basis. You agree that Your obligations to indemnify under "Indemnity" in these Terms includes any claim or demand associated with Your domain name, any domain name preregistration services provided through the Service, or the INWW or SGS Technologie terms and conditions.
(b) You will be listed as the registrant and administrative contact in connection with Your domain name, unless You choose another registrant and administrative contact. If You choose a registrant and administrative contact other than Yourself, such person(s) must enter into an agreement directly with the INWW or SGS Technologie and, additionally, will be bound by this Agreement in addition to You. You hereby authorize Yahoo to list Yahoo as the billing contact, technical contact, and name server in connection with Your domain name and to take any actions Yahoo deems appropriate in those capacities. However, upon termination of the Service, Yahoo may immediately cease acting in those capacities and reserves the right to transfer Your account to INWW or SGS Technologie for collection of past-due amounts. In the event of such transfer, You authorize INWW or SGS Technologie to serve as the billing contact, technical contact, and name server in connection with Your domain name, and to take any actions the INWW or SGS Technologie deems appropriate in those capacities. Upon termination of the Service, Yahoo will not be responsible for forwarding any notices, emails, or other correspondence to You or taking any other actions in connection with Your domain name. You will be solely responsible for all ongoing fees, as well as removing Yahoo as the billing, technical contact, and name servers in connection with Your domain name, unless Yahoo notifies You otherwise.
(c) You acknowledge that Yahoo cannot guarantee the availability of the domain name you select for your use until Yahoo receives confirmation of its order from INWW or SGS Technologie, which may take several business days.
11.3 Using a Preexisting Domain Name
If You have previously registered a domain name with another provider and want to use it with the Service, You must request that the existing registrar change the name servers for the domain name as designated by Yahoo, on Your behalf.
PLEASE NOTE: THE EXISTING REGISTRAR WILL CONTINUE TO BE THE REGISTRAR FOR THAT DOMAIN, AND YOU WILL CONTINUE TO BE RESPONSIBLE FOR ALL ONGOING FEES FOR THAT DOMAIN NAME WITH YOUR EXISTING PROVIDER, INCLUDING RENEWAL FEES. THE FEES PAYABLE TO YAHOO FOR THE SERVICE DO NOT INCLUDE REGISTRATION OR RENEWAL FEES OWED BY YOU TO YOUR EXISTING PROVIDER.
11.4 Transferring to Yahoo's Registrar of Record
INWW and SGS Technologie are Yahoo's current registrars of record. If Yahoo switches to another registrar of record, Yahoo may at any time request in writing that You transfer the domain name registered for the Service to the new registrar of record. If You do not agree to this request within 30 days, You agree that Yahoo will continue to provide the Service to You, but may, in its sole discretion, either:
(a) require You to pay an additional fee to Yahoo for the Service in order to renew and maintain Your domain name with the prior registrar of record; or
(b) require You to be responsible for all fees, including any renewal fees, directly with the prior registrar of record, in which case You authorize Yahoo to cease to pay for the domain name fees as part of the Service, and change the billing contact details for the domain name from Yahoo to You by providing Your applicable Account Information to the prior registrar of record.
11.5 Verifying Your Domain Name Information
In compliance with ICANN regulation and the INWW gTLD Terms and Conditions or the INWW .us Terms and Conditions or the INRegisrty regulation and SGS Technologie Terms and Conditions, as applicable ("Required Information"), and in order to minimize the risk of fraud, Yahoo may at any time request You to verify any information required to be supplied by a registrant. If You fail to respond to any such request or fail to verify any Required Information to Yahoo's reasonable satisfaction, within 15 days of any such request from Yahoo, Yahoo may, in its sole discretion, immediately terminate Your Service and remove any of Your materials, including Your domain name, from Yahoo servers.
11.6 If You choose to register a domain name using the Private Domain Registration feature of the Service, which will substitute certain information relating to the registration of the Domain Name, such as the name, postal address, email address, telephone number, and fax number of the administrative contact, technical contact, and billing contact, and where applicable, the postal address, telephone number, and fax number of the registrant contact ("Contact Details"), but not the organization name, the following terms also apply:
(a) Yahoo has chosen Internet Names Worldwide (a division of Melbourne IT Limited), or "INWW," an ICANN accredited registrar, to provide the Private Domain Registration features of the Service. With respect to all matters concerning the Private Domain Registration feature of the Service, you agree with all of the terms and conditions of the End User Agreement between you and INNW, which are located at the following link: http://www.melbourneit.com.au/policies/yahoo-gtld.php.
(b) You agree to keep all information provided to Yahoo and INNW/SGS Technologie complete, true, and accurate at all times.
(c) You understand that your billing and contact information must be complete, true, and accurate at all times.
(d) You will not use or attempt to use the service to avoid any legal obligations, including without limitation any requirements to register Yourself or any entity with the appropriate governmental organizations, or to avoid, resist, or make more difficult the service of legal process on You, or any legal entity.
(d) You will respond in a timely manner to any communications from Yahoo, INNW/SGS Technologie and any communications from a third party forwarded to You by INNW/SGS Technologie.
(e) YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT ANY CANCELLATION, FAILURE TO RENEW, TERMINATION, OR DESELECTION OF PRIVATE DOMAIN REGISTRATION FEATURES BY EITHER YOU OR YAHOO WILL RESULT IN PUBLICATION OF THE REGISTRATION INFORMATION OF THE ASSOCIATED DOMAIN(S) IN THE PUBLIC WHOIS DATABASE AND MADE PUBLICLY AVAILABLE.
(f) NOTWITHSTANDING THE PRIVATE DOMAIN REGISTRATION FEATURE OF THE SERVICE, YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YAHOO AND/OR INNW /SGS TECHNOLOGIE MAY DISCLOSE THE CONTACT DETAILS REGARDING THE RELEVANT DOMAIN NAME WITHOUT ANY LIABILITY TO YOU, IF YAHOO OR INNW/SGS TECHNOLOGIE CONSIDERS, IN THEIR SOLE DISCRETION, THAT DISCLOSURE IS NECESSARY OR DESIRABLE TO COMPLY WITH THE REQUIREMENTS OR DIRECTIONS OF ANY GOVERNMENT AGENCY, OR REGISTRY, ANY APPLICABLE LAW, REGULATION OR RULE, SUBPOENA, COURT ORDER, OR ENFORCEMENT AGENCY REQUEST; OR IF ANY THIRD PARTY INSTITUTES PROCEEDINGS AGAINST YAHOO OR INNW, OR THREATENS TO TAKE PROCEEDINGS AGAINST EITHER YAHOO OR INNW/SGS, DIRECTLY OR INDIRECTLY, WITH RESPECT TO THE RELEVANT DOMAIN NAME.
11.7 Expired Domains
Should Your Service be terminated, and You let Your domain registration lapse, Your registration will expire and Yahoo! may, at our discretion, elect to assume the registration for our own account, delete it, or sell it to a third party. You acknowledge and agree that Your right and interest in a domain name ceases upon its expiration, and that any expired domain name may be made available for registration by a third party.
12.1 You represent and warrant that You are not a resident of any country or affiliated with any organization prohibited to do business within the United States as defined and set forth at: http://www.export.gov/ and http://www.treas.gov/ofac. You further represent and warrant that You will not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the U.S. in connection with this Agreement without first complying with all export control laws and regulations that may be imposed by the U.S. government and any country or organization of nations within whose jurisdiction You operate or do business. You agree to comply with all applicable U.S. and non-U.S. laws, rules, regulations and orders, including, but not limited to, tax, export and import, embargo and trade sanctions, intellectual property, including copyright, content, sales, mail-order, commerce, and e-commerce laws and regulations. You shall be responsible for determining what laws or regulations are applicable to Your use of the Services. You shall, upon the request of Yahoo, provide Yahoo assurance of Your compliance with those laws. You acknowledge that Yahoo exercises no control whatsoever over the content of the information passing through Your site(s) and that it is Your sole responsibility to ensure that the information You and Your users transmit and receive complies with all applicable laws and regulations and the Yahoo Policies.
12.2 You are responsible for charging and collecting from Your end-user customers any and all applicable taxes. If You fail to impose and/or collect any tax from end users or Your other retail customers as required herein, then, as between Yahoo and You, You shall remain liable for such uncollected tax and any interest and penalty assessed thereon with respect to the uncollected tax by the applicable taxing authority. With respect to any tax that You have agreed to pay or impose on and/or collect from end users or Your other retail customers, You agree to indemnify and hold harmless Yahoo for any costs incurred as a result of actions taken by the applicable taxing authority to collect the tax from Yahoo due to Your failure to pay or collect and remit such tax to such authority.
Yahoo reserves the right to establish limitations on the extent of any support provided for the Service, and the hours at which it is available.
You agree to indemnify and hold harmless Yahoo, and its parents, subsidiaries, affiliates, cobranders or other partners, officers, directors, shareholders, employees, and agents, from any claim, demand, or investigation, including reasonable attorneys fees, made by any third party due to or arising out of Your Content, Your conduct, Your use of the Service, the goods or services offered or sold through Your Service, any alleged violation of these Terms, including any applicable Yahoo Policies, law, or regulation, or any alleged violation of any rights of another, including but not limited to Your use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Your Service. Yahoo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, but doing so shall not excuse Your indemnity obligations.
15.0 RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Yahoo
16.0 GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Yahoo may establish general practices and limits concerning use of the Service.
17.0 MODIFICATIONS TO AND DISCONTINUATION OF SERVICE
Yahoo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Yahoo shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Service.
18.0 DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAHOO 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 NONINFRINGEMENT.
(b) YOUR USE OF THE SERVICE, THE SOFTWARE, AND ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
(c) THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS.
(d) NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT(i) THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
(f) YAHOO ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
19.0 LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YAHOO AND ITS AFFILIATES, COBRANDERS, OR OTHER PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS,SHALL NOT BE LIABLE,UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SERVICE OR THE SOFTWARE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (vi) ANY GOOD OR SERVICE OFFERED OR SOLD THROUGH THE SERVICE; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE OR SOFTWARE.
YAHOO'S LIABILITY TO YOU SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY YOU TO YAHOO OVER THE COURSE OF THE EXISTING TERM. YOU ACKNOWLEDGE THAT YAHOO HAS SET ITS PRICES IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THESE TERMS WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Notices under these Terms shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Yahoo, such notices shall be addressed to
Yahoo India Private
Unit No. 1261, 6th floor,
Building No.12, Solitaire Corporate Park,
No. 167, Guru Hargovindji Marg,
(Andheri-Ghatkopar Link Road),
Andheri (East), Mumbai 400 093
Fax: +91 22 3308 9700
If to You, such notices shall be addressed to the mailing address specified when You opened Your account, or such other address as either party may give the other by notice as provided above. Yahoo may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to You generally on the Service.
21.0 CHOICE OF LAW AND FORUM (LOCATION OF LAWSUIT)
These Terms and the relationship between You and Yahoo shall be governed by the laws of the Republic of India. You and Yahoo agree to submit to the jurisdiction of the courts located within Mumbai. The failure of Yahoo to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
22.0 FORCE MAJEURE
Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of terrorists, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, or failure of the Internet (not resulting from the actions or inactions of Yahoo), provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. If Yahoo is unable to provide Service(s) for a period of thirty (30) consecutive days as a result of a continuing force majeure event, You may cancel the Service(s), but there shall be no liability on the part of Yahoo
Except as expressly set forth herein, You may not assign Your rights or delegate Your duties under this Agreement either in whole or in part without the prior written consent of Yahoo, and any attempted assignment or delegation without such consent will be void. Yahoo may assign this Agreement in whole or part. Yahoo also may delegate the performance of Services to third parties, including Yahoo affiliates. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns.
24.0 RELATIONSHIP OF PARTIES
This Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between Yahoo and You. Neither Yahoo nor You will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided herein.
25. NO THIRD-PARTY BENEFICIARIES
Yahoo and You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or Your customers.
26. COPYRIGHTS AND COPYRIGHT AGENTS
Yahoo respects the intellectual property of others, and we ask that You do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent for notice the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual-property interest;
(b) a description of the copyrighted work or other intellectual property that You claim has been infringed;
(c) a description of where the material that You claim is infringing is located on the site;
(d) Your address, telephone number, and email address;
(e) a statement by You that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by You, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual-property owner or authorized to act on the copyright or intellectual-property owner's behalf.
The Copyright Agent for notice of claims of copyright or other intellectual-property infringement can be reached as follows:
Yahoo India Private Limited
Unit No. 1261, 6th floor,
Building No.12, Solitaire Corporate Park,
No. 167, Guru Hargovindji Marg,
(Andheri-Ghatkopar Link Road),
Andheri (East), Mumbai 400 093
Fax: +91 22 3308 9700
27.0 INTEGRATION AND SEVERABILITY
These Terms constitute the entire agreement between You and Yahoo and govern Your use of the Service, superceding any prior agreements between You and Yahoo (including, but not limited to, any prior versions of these Terms) pertaining to this Service. You also may be subject to additional terms and conditions that may apply when You use affiliate or other Yahoo services, third-party content, or third-party software. If any provision of these Terms or incorporated documents is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.
The provisions of Sections 3, 4, 5.6, 5.7, 5.8, 7, 8, 9, and 11 through this Section 28 will survive any termination or expiration of these Terms.
.com, .net, .org, .biz, .info, .name, .travel, .cat and .mobi registrations only
PART A - Terms that apply to all domain name registrations
TERMS AND CONDITIONS
Melbourne IT is an accredited Registrar of Internet Corporation For Assigned Names and Numbers (ICANN). This domain name registration agreement (Registration Agreement) is submitted by you, the applicant for, and on registration, the licence holder of a domain name (referred to in this Agreement as you, your and the Registrant) to Melbourne IT Limited ACN 073 716 793 (Melbourne IT) for the purpose of registering a domain name.
Part A sets out the general provisions governing all domain name registrations governed by this Registration Agreement.
Part B sets out the additional provisions specific to .com, .net and .org domain name registrations.
Part C sets out the additional provisions specific to multi-lingual domain name registrations.
Part D sets out the additional provisions specific to other domain name pre-registrations and registrations governed by this Registration Agreement.
If this Registration Agreement is accepted by Melbourne IT, Registrant agrees to be bound by the terms and conditions of this Registration Agreement in respect of any domain name pre-registrations or registrations submitted by Registrant to Melbourne IT.
2. Changes to this
Melbourne IT may change the terms and conditions of this Registration Agreement either by obtaining your consent or giving you notice. The period of notice given by Melbourne IT depends on the nature of the change. If:
1. the change will
benefit you, we may make the change immediately and are not required
to notify you prior to the change;
2. the change is required by law, a regulatory body (including ICANN, auDA or any other domain name regulatory body) or for a technical reason (including for security), we will give you a reasonable period of notice not exceeding 3 days;
3. we consider that the change has a significant and detrimental impact on our customers generally, we will give you at least 30 days notice prior to the change, and
4. for all other changes, we will also give you at least 30 days notice prior to the change.
Melbourne IT may give notice of a change by posting the new version of the Agreement on its website located at www.melbourneit.com.au/policies.
3. Licensing of Domain
Registrant remains the responsible contracting party under this Registration Agreement, even if Registrant licenses use of the domain name to a third party.
4. Dispute Policy
Registrant agrees, as a condition to submitting this Registration Agreement, and if the Registration Agreement is accepted by Melbourne IT, that on successful registration of any domain name under this Agreement the Registrant is bound by Melbourne IT's current dispute policy and the dispute policy procedures. Registrant acknowledges that the dispute policy described in this clause 4 is the Uniform Domain Name Dispute Resolution Policy (the UDRP Dispute Policy). Registrant agrees that in respect of the pre-registration or registration of other domain names covered by this agreement in Part D, other dispute policies may apply as specified by the registry administrator of those domain names from time to time, as described in more detail in Part D (the "Other Dispute Policies"). Registrant agrees that Melbourne IT may change or modify the UDRP Dispute Policy, incorporated by reference herein, at any time. Registrant agrees that Registrant's maintaining the registration of a domain name after changes or modifications to the UDRP Dispute Policy become effective constitutes Registrant's continued acceptance of these changes or modifications. Registrant agrees that any dispute relating to registration or use of its domain name (and which is not the subject of the Other Dispute Policies) will be subject to the provisions specified in the UDRP Dispute Policy. Without prejudice to other potentially applicable jurisdictions, Registrant submits to the jurisdiction of the courts as described in clause 19. The UDRP Dispute Policy can be viewed at http://www.inww.com/policies/gtlddispute.php3.
Registrant agrees that if this Registration Agreement is completed by an agent for the Registrant, such as an Administrative Contact/Agent, the Registrant is nonetheless bound as a principal by all terms and conditions herein, including the relevant domain name dispute policy.
6. Expiration of the domain name license
i. You may renew your domain name with Melbourne IT at any time before the date 40 days after the Expiry Date (Renewal Deadline).
ii. Registrant acknowledges that certain registry authorities offer a further period after the Renewal Deadline during which a registrant may renew their domain name before it is available for re-registration by other parties. If your domain name has not otherwise been dealt with by Melbourne IT under the terms of this Registration Agreement, your domain name will be cancelled at the registry after which you may be eligible for a further 30 day Registry Redemption Grace Period during which you may redeem your domain name by paying to Melbourne IT the redemption fee (the current redemption fee is set out at http://www.melbourneit.com.au/ and is subject to change).
6A Additional Provisions for Undelegated and Expiring Domain Names
6A.1 On registration of a domain name with Melbourne IT as registrar Melbourne IT may by default delegate that name to resolve to a Melbourne IT Parked Page. Registrant acknowledges and agrees that the Melbourne IT Parked Page may include a statement and graphics to the effect that the website/domain name is registered/powered by Melbourne IT; links to Melbourne IT's website; links to third party websites, advertising of Melbourne IT products and services and advertising content from or about a third party and/or their products and services. Registrant may opt-out of the display of the Melbourne IT Parked Page prior to the Expiry Date by:
6A.1.1 registering the domain name with a Melbourne IT Authorised Reseller who has agreed with Melbourne IT not to participate;
6A.1.2 delegating its
domain name to a different nameserver; or
6A.1.3 giving written notice to Melbourne IT Limited at Level 2, 120 King Street, Melbourne 3000 Australia (or such other business address notified from time to time by Melbourne IT on its web site).
6A.2 At the request of the Registrant Melbourne IT may provide its Private Registration Service (which includes, without limitation, updating certain public contact details associated with the domain name such as the postal address and email address in the WHOIS database) with respect to the domain name for the period up to and including the Expiry Date on the following terms.
6A.2.2 The Private Registration Terms located at http://www.melbourneit.com.au/policies/privateregpolicy.php (as may be updated from time to time) are hereby incorporated into this Agreement by reference.
6A.2.4 Registrant may terminate the provision of the Private Registration Service at any time prior to the Expiry Date in accordance with the Private Registration Terms.
6A.2.5 Melbourne IT may charge Registrant a fee for the provision of the Private Registration Service as notified to the Registrant from time to time. Registrant will be required to pay (and to continue to pay) for the Private Registration Service in accordance with the billing and payment provisions contained in the Private Registration Terms
6A.2.6 Registrant may terminate the provision of the Private Registration Service:
6A.2.6.1 in the case of changing the fee for the Private Registration Service, at any time by at least 30 days written notice to Melbourne IT; or 6A.2.6.2 at any other time in accordance with the Private Registration Terms.
6A.3 Melbourne IT may elect to lock the domain name at any time and Registrant may unlock the domain name at any time subject to any relevant policies, procedures and processes (for example, relating to a UDRP dispute).
6A.5 Following the Expiry Date, Melbourne IT may delegate (or re-delegate, if applicable) any domain name registered through Melbourne IT as registrar to resolve to a Melbourne IT Parked Page.
6A.6 Melbourne IT may from the Expiry Date:
6A.6.1 state that the domain name may become available to be acquired or transferred to a third party following the expiration of the Renewal Deadline via the Melbourne IT Parked Page or such other means reasonably determined by Melbourne IT; and
6A.6.2 Melbourne IT may continue to supply Melbourne IT's Private Registration Service to Registrant in connection with the domain name) in accordance with the Private Registration Terms, at no cost to Registrant.
6A.7 If Registrant has not renewed the domain name by the Renewal Deadline, Melbourne IT may transfer the domain name to a third party (Transferee) on Registrant's behalf and as Registrant's agent (Registrant Domain Name Transfer).
6A.8 In order to facilitate a Registrant Domain Name Transfer, Registrant agrees that:
6A.8.1 Melbourne IT may
use a third party provider of auction services and/or sale services
in connection with the transfer of domain names (Third Party
6A.8.2 Melbourne IT has full authority to act as Registrant's agent (including to exercise any rights under any terms and conditions) to effect the Registrant Domain Name Transfer, and any such acts will be deemed as an act validly performed by the Registrant;
6A.8.4 Melbourne IT will notify Registrant by email following receipt of any fees received by Melbourne IT in cleared funds from a Transferee for a Registrant Domain Name Transfer. Registrant acknowledges that Melbourne IT will only be able to contact Registrant, if required, under this clause 6A.8.4. if Registrant keep its contact details with respect to the domain name up to date. Registrant therefore agrees that Registrant will be solely responsible for keeping such contact details up to date;
6A.8.5 Registrant may receive a transfer price commission, as specified from time to time at www.melbourneit.com.au/help/index.php?questionid=50103, which link or transfer price commission may be updated or amended by Melbourne IT from time to time (Transfer Price Commission) subject to:
applying to Melbourne IT for that Transfer Price Commission within
ninety days of the email notification referred to in clause 6A.8.4,
in accordance with the process notified from time to time by
Melbourne IT to Registrant (Transfer Price Commission Application);
6A.8.5.2 Melbourne IT being able to authenticate the identity of Registrant via Melbourne IT's standard authentication procedures, as applicable at the relevant time;
6A.8.6 If eligible and
the Registrant has provided Melbourne IT with the Transfer Price
Commission Application (but not otherwise), Registrant, will be paid
the Transfer Price Commission within 30 days of receipt by Melbourne
IT of the Transfer Price Commission Application (Payment Date Period)
and in a manner determined by Melbourne IT in its sole discretion
(including but not limited to, by a transfer of funds via a Paypal
account or similar service), such manner to be detailed in an email
communication to Registrant within the Payment Date Period.
Registrant acknowledges that if Melbourne IT determines to pay the
Transfer Price Commission via a Paypal account or similar service,
Registrant will only be able to receive the Transfer Price Commission
in the event that Registrant sets up an account with Paypal account
or that other service (if applicable); and
6A.8.7 If eligible the Registrant will be paid any Transfer Price Commission (if applicable):
6A.8.7(A) subject to clause 6A.8.7(B), exclusive of any goods and services tax and any other taxes and charges that may be applicable to the Transfer Price Commission by any relevant law, and Registrant will be responsible for any applicable tax, charge or levy; or
6A.8.7(B) if Registrant is an Australian resident for taxation purposes, in addition to being required to provide Melbourne IT with the Transfer Price Application, Registrant must provide Melbourne IT with a valid Australian Business Number (ABN), and any Transfer Price Commission paid to Registrant:
6A.8.7(B)(i) will be paid
inclusive of any goods and services tax ("GST") but
exclusive of any other tax or charge which may apply to the
commission under any relevant law, and for which Registrant shall be
6A.8.7(B)(ii) will be supported by a recipient-created tax invoice issued to Registrant by Melbourne IT in accordance with the requirements of the GST legislation then in force.
6A.9 Registrant acknowledges that if Melbourne IT undertakes any of the actions contemplated by clauses 6A.5 or 6A.6, any services in connection with the domain name (including without limitation, any email services) will cease.
6A.10 Registrant agrees that Melbourne IT may cease and not complete a Registrant Domain Name Transfer for any reason at any time (including, without limitation, if any dispute is raised in connection with the domain name or if Melbourne IT is required to do so to comply with any order or direction of ICANN, any applicable registry administrator or enforcement agency, or Melbourne IT elects to comply with any request from such party to do so).
6A.11 Nothing in this clause 6A will constitute an obligation for Melbourne IT to effect or an express or implied guarantee or warranty that Melbourne IT will be successful in effecting a Registrant Domain Name Transfer. In addition Melbourne IT takes no responsibility for (and will have no liability to Registrant for) any act (or omission) of the Third Party Provider arising directly or indirectly out of the auction or sale of the domain name, including, without limitation, with respect to the finalisation of the auction or sale of the domain name of the domain name by the Third Party Provider.
6A.12 Nothing in this clause 6A shall require Melbourne IT to perform any act or thing which, in Melbourne IT's sole discretion, is inconsistent with or disadvantageous to its role as registrar under this Agreement or otherwise, or result in Melbourne IT not being entitled to exercise any other right available to Melbourne IT under this Agreement.
7. Limitation of Liability
To the extent permitted by law, Registrant agrees that neither Melbourne IT nor the registry administrator has any liability to the Registrant or the Registrant's agent for any loss Registrant may incur in connection with Melbourne IT's processing of this Registration Agreement, Melbourne IT's processing of any pre-registration application or application for a domain name, the processing of any authorized modification to the domain name's record during the covered registration or renewal period, any action (or inaction of either Melbourne IT or any Third Party Provider under clause 6A), or the failure by the Registrant or the Registrant's agent to pay a pre-registration fee or other fee (including, without limitation, any registration fee or renewal fee), or as a result of the application of the provisions of the relevant domain name dispute policy. Registrant agrees that in no event will the liability of Melbourne IT under this Agreement for any matter exceed, in the sole option of Melbourne IT, the re-supply of the services again or the fee paid to Melbourne IT for the provision of the services.
Registrant agrees to indemnify, keep indemnified and hold both Melbourne IT and the registry administrator, their directors, officers, employees and agents harmless from and against all and any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or relating to Registrant's domain name registration, renewal or pre-registration, or to the Registrant's use of the domain name. This clause survives termination of this Agreement.
Registrant agrees that failure to abide by any provision of this Registration Agreement or the relevant domain name dispute policy (including, without limitation, any domain name dispute policy that applies during a pre-registration period) may be considered by Melbourne IT to be a material breach and that Melbourne IT may provide a notice, describing the breach, to the Registrant. If, within thirty (30) days of the date of such notice, the Registrant fails to provide evidence, which is reasonably satisfactory to Melbourne IT, that it has not breached its obligations, then Melbourne IT may delete Registrant's registration of the domain name. Any such breach by a Registrant shall not be deemed to be excused simply because Melbourne IT did not act earlier in response to that, or any other, breach by the Registrant. Notice may be given by mail, facsimile or electronic means.
10. No Warranty by Melbourne IT
Registrant agrees that neither a pre-registration application nor a registration of a domain name grants any legal rights of ownership of the relevant domain name, nor does it confer immunity from objection to the pre-registration, registration or use of the domain name.
11. Acknowledgements and Warranty
(i) Registrant acknowledges that it is Registrant's responsibility to ensure that the domain name is renewed. Registrant agrees, in addition to the indemnity above, to keep indemnified, release and hold harmless Melbourne IT and the registry administrator, their directors, officers, employees and agents, against any claim for damage or loss arising from any failure of Registrant's domain name to be renewed by Registrant.
(ii) Registrant warrants that, to the best of Registrant's knowledge and belief, neither its registration of a domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. Breach of this warranty will constitute a material breach.
Registrant agrees that Melbourne IT may delete a Registrant's domain name if any information required to be supplied by the Registrant under this Registration Agreement, or subsequent modification(s) thereto, is false or misleading, or conceals or omits any information Melbourne IT would likely consider material to its decision to approve this Registration Agreement.
13. Right of Refusal
Registrant acknowledges that the registry administrator or ICANN policy may provide that registration of certain domain names is prohibited. Melbourne IT, in its sole discretion, reserves the right to refuse to approve the Registration Agreement for any Registrant. Registrant agrees that the submission of this Registration Agreement does not obligate Melbourne IT to accept this Registration Agreement. Registrant agrees that Melbourne IT is not liable for loss or damage that may result from Melbourne IT's refusal to accept this Registration Agreement.
14. Change in Registrar
Registrant agrees that it can change its Registrar for an existing domain name only in accordance with registry administrator policy. Registrant agrees it may not change its Registrar for a period of sixty (60) days after initial registration of the domain name with Melbourne IT.
15. Suspension, Cancellation, Transfer
Registrant agrees that registration of its domain name shall be subject to suspension, cancellation or transfer by any ICANN procedure, or by any registry administrator procedure approved by ICANN policy:
15.1 to correct mistakes
by Registrar or the registry administrator in registering the domain
15.2 for the resolution of disputes concerning the domain name; or
15.3 in case of arbitration or court proceedings being commenced with respect to the rights to the domain name. In addition to the above rights, Melbourne IT may suspend or cancel the registration of Registrant's domain name, or, suspend the delegation of Registrant's Domain Name, if as reasonably determined by Melbourne IT in its sole discretion, the Registrant or any other person uses the domain name in connection with any:
15.4 activity that infringes the intellectual property rights or other rights of any third party;
15.5 activity that defames or disparages any third party; or
15.6 otherwise illegal or fraudulent activity, or otherwise in accordance with Melbourne IT's Acceptable Use Policy.
16.1 The registration fee
is payable with the Application.
16.2 Registration is not effective until the Registration fee has been paid and cleared.
16.3 The registration is for the full period of years selected and paid for at the time of Application or renewal.
16.4 All fees are non-refundable.
17. Non payment
Registrant agrees that failure to pay any fee for its domain name when due (as evidenced for example by, without limitation, Registrant's credit card company notifying Melbourne IT of Registrant disputing the payment of, or refusing to pay such Registration fee, or where the Registrant's credit card payment has been declined or reversed) will entitle Melbourne IT to immediately transfer the relevant domain name from the Registrant to Melbourne IT, at its sole discretion. Registrant acknowledges that Melbourne IT will own all rights of the registered domain name holder in respect of any domain name transferred to Melbourne IT under this clause 16, including the right to sell the domain name to a third party. Melbourne IT may in its sole discretion re-transfer the relevant domain name to the Registrant subject to the Registrant's payment of any outstanding Registration fee, and Registrant's payment of Melbourne IT's then current re-transfer fee.
Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions, which shall continue to be binding.
Registrant must provide to Melbourne IT the information set out in the compulsory fields and may provide the information set out in the discretionary fields of the Application ('Information'). Registrant warrants that all Information provided is accurate and reliable. Registrant undertakes to promptly correct and update Information during the registration or renewal period and to respond within fifteen (15) calendar days to inquiries from Melbourne IT concerning the accuracy of compulsory Information.
Registrant agrees that this Registration Agreement and the relevant domain name dispute policy (including, without limitation, any domain name dispute policy that applies during a pre-registration period) is the complete and exclusive agreement between Registrant and Melbourne IT regarding the registration of Registrant's domain name. This Registration Agreement and the relevant domain name dispute policy supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent.
19. Use of
19.1 Registrant acknowledges Information obtained from Registrant will be:
19.1.1 transmitted to the
registry administrator for registry use
19.1.2 publicly available as required by ICANN, the registry or the relevant regulator;
19.1.3 used by Melbourne IT for inclusion in registers and data bases produced by Melbourne IT or its licensees.
19.2 Registrant may
access data provided and rectify any incorrect data relating to
Registrant through a registry key to be provided by Melbourne IT.
Registrant may provide a written authorisation to an agent to hold
and use the registry key. Registrant must inform Melbourne IT of its
current agent as required by Melbourne IT.
19.3 Registrant consents to the use of the Information for the purposes set out in clauses 19.1.1 to 19.1.3.
19.4 Registrant warrants that it has provided, or will provide, to any third party individuals whose personal details the Registrant has provided to Melbourne IT, the same information about use of those details as are set out in this clause 19, and that the third parties individually have consented to use of their personal data.
19.6 Melbourne IT will take reasonable precautions to protect personal information obtained from Registrant from loss, misuse, unauthorised access or disclosure, alteration or destruction.
Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions, which shall continue to be binding.
Registrant agrees that this Registration Agreement and the relevant domain name dispute policy (including, without limitation, any domain name dispute policy that applies during a pre-registration period) is the complete and exclusive agreement between Registrant and Melbourne IT regarding the registration of Registrant's domain name. This Registration Agreement and the relevant domain name dispute policy supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent.
22. Governing Law
22.1 Registrant agrees that this Registration Agreement is to be construed in accordance with the laws of the State of Victoria, Australia.
22.2 In relation to any dispute, legal action or proceedings that may be brought by the Registrant with respect to this Agreement or any transaction contemplated by this Agreement, Registrant irrevocably and unconditionally submits to and accepts the exclusive jurisdiction and venue of the Courts of Victoria, Australia (including the Victorian Registry of the Federal Courts. and all courts hearing appeals from such Courts.
22.3 In relation to any dispute, legal action or proceedings that may be brought against the Registrant by a third party concerning or arising from use of the domain name (including a UDRP dispute), the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile and (2) where Melbourne IT is located.
23.1 Nothing in this Agreement may be construed as creating the relationship of agency partnership or joint venture between the parties.
23.2 Failure by Melbourne IT to require Registrant to comply with a provision of this agreement does not affect the full right to require any provision to be performed at any time thereafter.
Part B - Terms that apply to .com, .net, .org domain name registrations only
24. .com, .net and .org registry operators
Verisign Global Registry Services is the registry administrator responsible for administering the .com and .net domain name registry. Public Interest Registry is the registry administrator responsible for administering the .org domain name registry.
PART C - Multilingual Registrations
25. Special Provisions
for ML Registrations
Registrants who register an Internationalised Domain Name (hereafter referred to as a 'Multilingual domain name') acknowledge that the Multilingual system is at all times subject to any change in standards published from time to time by the Internet Engineering Task Force ('IETF').
As at the date of this Agreement, IETF standards have been implemented for .com, .net and .org Multilingual domain names.
Registrant acknowledges and agrees that any changes or amendments to these IETF standards may cause the internal representation of a Multilingual domain name or the licence period of a Multilingual domain name to change, become invalid, or, be deleted. Such occurrences will be resolved on a case-by-case basis by Melbourne IT, as they occur, to the extent that Melbourne IT is able to do so.
No .org Multilingual domain name may be registered from the date of this Agreement, unless Melbourne IT provides notification to the contrary.
REGISTRANTS WHO REGISTER OR RENEW A MULTILINGUAL DOMAIN NAME (TO THE EXTENT THAT SUCH REGISTRATION OR RENEWAL IS AVAILABLE OR PERMITTED) DO SO AT THEIR OWN RISK. IN ADDITION TO THE INDEMNITIES ABOVE, REGISTRANT AGREES TO KEEP INDEMNIFIED, RELEASE AND HOLD HARMLESS MELBOURNE IT AND THE REGISTRY ADMINISTRATOR, THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSS OR DEMANDS FROM REGISTRANT AND ANY THIRD PARTY ARISING OUT OF THE INVALIDITY OR DELETION OF ANY MULTILINGUAL DOMAIN NAME, 0R ANY CHANGE OR VARIATION TO, OR ANY RESTRICTION ON OR INABILITY TO USE ANY MULTILINGUAL DOMAIN NAME, OR THE INVALIDITY OF ANY MULTILINGUAL DOMAIN NAME. NO REFUND OF ANY PART 0F ANY FEES PAID OR PAYABLE WILL BE MADE IF ANY MULTILINGUAL DOMAIN NAME IS CHANGED, BECOMES INVALID, DELETED OR IS OTHERWISE NOT ABLE TO BE USED.
PART D - Terms that apply to other domain name pre-registrations and registrations
26. .biz, .info, .name, .travel and .cat Domain Names
A. Should you seek to register a .biz second level domain name, you must contractually agree to the following terms:
1. BIZ REGISTRY
NeuLevel, Inc is the registry administrator responsible for administering the .biz domain name registry.
Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
a) To exchange goods,
services, or property of any kind;
b) In the ordinary course of trade or business; or
c) To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.
Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or "commercial use" of that domain name.
3. BIZ CERTIFICATION
As a .biz domain name Registrant, you hereby certify to the
a) The registered domain
name will be used primarily for bona fide business or commercial
purposes and not (i) exclusively for personal use; or (ii) solely for
the purposes of (1) selling, trading or leasing the domain name for
compensation, or (2) the unsolicited offering to sell, trade or lease
the domain name for compensation. For more information on the .biz
restrictions, which are incorporated herein by reference, please see:
b) The domain name Registrant has the authority to enter into the registration agreement; and
c) The registered domain name is reasonably related to the Registrant's business or intended commercial purpose at the time of registration.
4. PROVISION OF REGISTRATION DATA
4.1 Provision of Registration Data.
As part of the registration process, you are required to provide the registry administrator with 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 nameserver(s) 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 billing contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Accreditation Agreement (the "ICANN Agreement"), available at ICANN's site. For bulk services in respect of the registration data which are provided by Melbourne IT, if the Registrant does not consent to the use of such information for inclusion in registers and data bases produced by Melbourne IT or its licensees, then the Registrant is required to provide non consent verification stating name, address, date and signed by the appropriate authorised individual. This must be sent to Melbourne IT Limited, 120 King Street, Melbourne 3000 Australia.
4.2 Inaccurate or
You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to the registry administrator, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by the registry administrator concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.
4. DOMAIN NAME DISPUTE
If you reserved or registered a .biz domain name through the registry administrator, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
i. The Start-up Trademark
Opposition Policy ("STOP"), available at
ii. The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.biz/ardp/docs/rdrp.html.
The STOP sets forth the terms and conditions in connection with a dispute between a Registrant of a .biz domain name ("Registrant") with any third party (other than registry administrator or registrar) over the registration or the use of a .biz domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service is a service introduced by Registry administrator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry administrator. Registry administrator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.
5. DOMAIN NAME DISPUTE
You agree that the registry administrator, in its sole discretion, may modify its dispute policy. The registry administrator will post any such revised policy on its Website 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.
6. RESERVATION OF
Melbourne IT and the .biz registry administrator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its 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 Melbourne IT and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. Melbourne IT and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.
B. Should you seek to register a .info second level domain name, you must contractually agree to the following terms:
1. Afilias Ltd is the registry administrator responsible for administering the .info domain name registry.
2. Registrant consents to the use, copying, distribution, publication, modification, and other processing of the Registrant's Personal Data by the .INFO registry administrator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract with ICANN.
3. Registrant agrees to submit to proceedings under the UDRP Dispute Policy and comply with the requirements set forth by the registry administrator for domain names registered during the Sunrise Period, These policies are subject to modification by the registry administrator.
4. Registrant agrees to immediately correct and update the registration information for any domain name during its registration term, failure to correct this information shall constitute a breach of this Agreement. Registrant acknowledges that the registry administrator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period including, without limitation: (a) the ability or inability of a Registrant to obtain a domain name during either the Sunrise or Land Rush periods, and (b) the results of any dispute over a domain name registration which is processed during the Sunrise period.
5. Registrar and the registry administrator expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its 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 applicable dispute resolution process, or to avoid any liability, civil or criminal, on the part of Registrar and/or the registry administrator as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and the registry administrator also reserve the right to freeze a domain name during resolution of a dispute.
C. Should You seek to register a .name third level domain name you must contractually agree to the following terms:
1. Global Name Registry Ltd is the registry administrator responsible for administering the .name domain name registry.
2. You acknowledge that your right to register a .name domain name is subject to You complying with the .name eligibility requirements, which are set out on the website of the .name registry administrator, and which are currently located at http://www.gnr.name/ (the "Eligibility Requirements"). You agree that your registration of any .name domain name will be in compliance with the terms of the Eligibility Requirements, as these may be amended by the .name registry administrator from time to time.
3. You acknowledge that your right to register a .name domain name is subject to You complying with the .name acceptable use policy, which is set out on the website of the registry administrator, and which is currently located at http://www.gnr.name/ (the "Acceptable Use Policy"). You agree that Your registration of any .name domain name will be in compliance with the terms of the Acceptable Use Policy, as these may be amended by the .name registry administrator from time to time.
4. In addition to the UDRP Process described in Clause 4, You agree that on successful registration of a .name domain name, You will be bound by the Eligibility Requirements Disputes Resolution Policy (the "ERDRP"). The ERDRP is set out on the website of the registry administrator, and is currently located at http://www.gnr.name/, and should be read in conjunction with the following related information:
i) Summary of Eligibility
Requirements Dispute Resolution Policy (which is currently located at
ii) Disputes: Filing a Complaint (which is currently located at http://www.gnr.name/);
iii) ERDRP Rules (which is currently located at http://www.gnr.name/); and
iv) ERDRP Dispute Resolution Providers (which is currently located at http://www.gnr.name/).
You agree to be bound by the ERDRP, as this policy (and any related information as described above) may be amended from time to time by the registry administrator.
D. Should you seek to register a .travel second level domain name you must contractually agree to the following terms:
1. Global Name Registry Ltd is the registry administrator responsible for administering the .name domain name registry.
2. ELIGIBILITY REQUIREMENT. Registrations in the .travel name space are restricted to people, organizations, associations and private, governmental and non-governmental agencies in the travel and tourism industry. Registrant acknowledges that its right to register a .travel domain name is subject to Registrant complying with the .travel eligibility requirements, which are set out on the web site of the .travel registry administrator, and which are currently located at www.tralliance.info/ (the "Eligibility Requirements"). Registrant agrees that the registration of any .travel domain name will be in compliance with the terms of the Eligibility Requirements, as these may be amended by the .travel registry administrator from time to time. The Eligibility Requirements are incorporated herein by reference.
3. CONTINUING ELIGIBILITY. Registrant agrees to maintain its eligibility to hold a .travel license throughout the term of the license, including renewal. If Registrant ceases to be a member of the travel or tourism industry as defined by the current policies of the Registry, Registrant must give notice of such change within 14 days of ceasing to be eligible to hold the license. In the event that Registrant does not notify the Registry of such change of status, the Registry will revoke all registrations held by Registrant immediately upon becoming aware of the change of status.
4. WARRANTIES. Registrant warrants that:
i) Registrant understands and meets the Eligibility Requirements;
ii) Registrant's selected domain name meets the requirements of the .travel Registry Policies (currently located at http://www.tralliance.info/);
iii) Any information provided by Registrant is accurate and complete and any future changes to this information will be provided in a timely manner;
iv) Registrant has the authority to enter into the Registration Agreement;
v) Registrant is able to enter into this agreement and if a real person is of legal age; and
vi) Registrant's domain name is not registered for an unlawful purpose.
5. INFORMATION REQUIREMENT. Registrant acknowledges that any travel organization assisting the Registry in the authentication process will be required to solicit and receive an update of all authentication data from Registrant within 30 or up to 60 days prior to the anniversary date of registration. In the event that Registrant is no longer eligible to hold the license, Registrant will be given 30 days to provide updated data which confirms Registrant's eligibility. Where such authentication data is not provided by Registrant or does not confirm Registrant's eligibility, the Registry will inform Registrant and Registrant will have the right to request a review of the denial as if it had been an initial registration. Should Registrant remain ineligible at the end of the review, the Registry will revoke the registration.
6. DISPUTE RESOLUTION In addition to the UDRP Process outlined in Clause 4, Registrant agrees that on successful registration of a .travel domain name, Registrant will be bound by the following:
i. in relation to disputes by any third party that Registrant is not eligible to hold a .travel domain name, the ICANN Charter Eligibility Dispute Resolution Policy (CEDRP); and
ii. in relation to a formal complaint by Registrant over a denial of Registrant's eligibility to hold a .travel domain name, a decision of the Domain Name Denial Review Panel of the Travel Partnership Corporation (TTCP).
7. REVOCATION OF LICENSE. In addition to clause 14, Melbourne IT and the Registry administrator may revoke Registrant's license to use a .travel domain name for the following reasons:
i) to protect the integrity and stability of the Registry;
ii) to comply with any applicable laws, government rules or requirements, requests of law enforcement or any dispute resolution process;
iiii) to avoid any liability, civil or criminal, on part of Registry as well as its affiliates, subsidiaries, agents, officers, directors, and employees;
iv) for violations of this Agreement or any ICANN or Registry policy;
v) to correct mistakes made by the Registry or any Registrar in connection with a domain name registration;
vi) if Registrant ceases to be a member of the eligible community defined by the .travel Charter and policies;
vii) failure by Registrant to comply with any .travel policy that applies to Registrant at any time;
viii) if Registrant's .travel domain name or Registrant's use of the .travel domain name is not in the best interests of the travel community; and
ix) if any information provided by Registrant in the course of registration is incorrect.
8. RESERVATION OF RIGHTS. Melbourne IT and the .travel registry administrator, Tralliance Corporation, expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its 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 Melbourne IT and/or Tralliance Corporation., as well as their affiliates, subsidiaries, officers, directors and employees. Melbourne IT and Tralliance Corporation also reserve the right to freeze a domain name during resolution of a dispute.
9. ICANN POLICY. Registrant must comply with all ICANN and .travel registry and registry administrators standards, policies, procedures and practices as notified to if from time to time by Registrar.
10. THIRD PARTY BENEFICIARY. Registrant acknowledges that the .travel registry administrator is an intended third party beneficiary of this Registration Agreement.
11. INDEMNITY. Without limiting clause 7, Registrant agrees to indemnify, keep indemnified and hold the .travel registry and registry administrator, their subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns harmless from any and all claims, demands, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, in any way arising out of, relating to, or otherwise in connection with the Registrant's domain name registration.
E. Should you seek to register a .cat second level domain name you must contractually agree to the following terms:
1. FundaciÃ² puntCAT is the registry administrator responsible for administering the .cat domain name registry.
2. You acknowledge that your right to register a .cat domain name is subject to You complying with the .cat eligibility requirements, which are set out on the website of the .cat registry administrator, and which are currently located at http://www.puntcat.cat/ (the "Eligibility Requirements"). You agree that your registration of any .cat domain name will be in compliance with the terms of the Eligibility Requirements, as these may be amended by the .cat registry administrator from time to time.
3. You acknowledge that your right to register a .name domain name is subject to You complying with the .cat acceptable use policy, which is set out on the website of the registry administrator, and which is currently located at http://www.puntcat.cat/ (the "Acceptable Use Policy"). You agree that Your registration of any .name domain name will be in compliance with the terms of the Acceptable Use Policy, as these may be amended by the .cat registry administrator from time to time.
4. REGISTRATION AGREEMENT. The registrant agrees to be bound by the .cat Registration Agreement between the registrant and .cat registry administrator, as may be updated from time to time. The .cat Registration Agreement is located at http://www.puntcat.cat/.
F. Should you seek to register a .mobi second level domain name you must contractually agree to the following terms:
1. mTLD Top Level Domain Limited is the registry administrator responsible for administering the .mobi domain name registry.
2. You acknowledge and agree to comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi) and consents to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the StyleGuide. Furthermore, you acknowledge and agree that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that you must promptly comply with any such changes in the time allotted.
3. INDEMNITY. Without limiting clause 7, you agree to indemnify, defend, keep indemnified and hold Affilias Limited (Registry Services Provider), its directors, officers, employees and agents harmless from and against all and any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or relating to your domain name registration, renewal or pre-registration, or to your use of the domain name. This clause survives termination of this Agreement.
4. THIRD PARTY BENEFICIARY. Notwithstanding anything in this agreement to the contrary, the registry administrator is and shall be an intended third party beneficiary of this Agreement. As such, you acknowledge and agree that the third party beneficiary rights of the registry administrator have vested and that the registry administrator has relied on its third party beneficiary rights under this agreement in agreeing to Melbourne IT being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights shall survive any termination or expiration of this agreement.
5. POLICY. You must comply with all ICANN and .mobi registry and registry administrator's standards, requirements, policies, procedures and practices, as set out on the website of the .mobi registry administrator, and which are currently located at www.mtld.mobi, and as notified from time to time by the registry administrator or Melbourne IT ('Registry Policies'). You agree that your registration of any .mobi domain name will be in compliance with the terms of the Registry Policies, as these may be amended by the .mobi registry administrator from time to time.
6. USE OF PERSONAL DATA. You consent to the use, copying, distribution, publication, modification and other processing of your personal data by the registry administrator and its designees and agents for such purposes as may be notified to Melbourne IT by the registry administrator from time to time. You otherwise agree to the provisions of clause 22 of this Agreement.
7. APPLICATION DETAILS You agree to be bound by the provisions of clause 21 of this Agreement.
8. You agree to be bound by the terms and conditions of the initial launch and general operations of the registry administrator, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period (as outlined at www.mtld.mobi), and further acknowledge that the registry administrator has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation: (a) the ability or inability of a registrant to obtain a registered name during these periods, and (b) the results of any dispute made during the limited industry launch or over a Sunrise Registration.
9. REVOCATION, TRANSFER AND CANCELLATION OF LICENSE. Without limiting clause 14, you acknowledge and agree that the .mobi registry and the Registry Service Provider, acting in consent with the registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; to avoid any liability, civil or criminal, on the part of the registry or any registrar in connection with a domain name registration. The registry also reserves the right to freeze a registered name during resolution of a dispute.
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