Terms of Service

These terms of use are a legal agreement (“this Agreement” or “these terms”) which sets forth the terms and conditions which govern your use of this Site, as well as the products and services (individually and collectively, the “Services”) found at this Site, but does not cover Services individually supplied by resellers.

In order to become a user of Services, you must irrevocably agree to be bound by these terms. If you do not agree to be bound by these terms, you must ensure you do not indicate to us your acknowledgement and agreement to be irrevocably bound by these terms. Your acknowledgement and agreement to be irrevocably bound by these terms will be indicated to us upon making an application to us for the use or purchase of Services, purchasing or using the Services provided by us, or becoming one of our customers at any time, whichever occurs first. In these terms, references to “we”, “us”, “our”, and so on shall refer to FEMP and its number of trading names (including, in particular, FEMP, Freelance Electronic Multimedia Productions, FEM Productions) except where explicitly specified as otherwise.

In these terms, references to “you”, “customer”, “user”, “your” and so on, shall refer to the person who requests or utilises the provision of this Site, or any Services provided by us.

In these terms, references to “Services” include any product, license, package or account offered by us.

In these terms, references to “Days” shall refer to calendar days, unless specified otherwise.

In these terms, references to “Spam” shall refer to distribution of unsolicited bulk and/or commercial electronic messages over the Internet.

In these terms, references to “Supplier” or “Registry Operator” shall refer to any third party which provides a product/service which we resell/offer to you.

1.1 Representations you make about yourself

This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law.

By using this Site, or by applying for, renewing, transferring, taking ownership, or using any Services found at this Site, you irrevocably undertake, represent, warrant and agree that:

You are at least 18 years of age, and that we may terminate this Agreement immediately without providing a refund if we discover that you are under 18 years of age at the time of entering into this Agreement;
The Registered Name Holder shall provide to the company registrar (“Registrar”) accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation;
Where you act on behalf of a corporate entity, you have the legal authority to bind such corporate entity to these terms, in which case the terms “you”, “your”, “User” or “customer” in this Agreement shall refer to such corporate entity. If, after your agreement to these terms, we learn that you do/did not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these terms. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication reasonably believed by us to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we reserve the right (but undertake no duty) to require additional authentication from you;
You shall not permit any other person to use your username in order to gain access to the service, nor shall you divulge to any other person any password which you may from time to time use in gaining access to the services. If your password becomes known, you will inform us immediately. We may require you to change your password where considered necessary, and
You agree at all times to indemnify us for any expenses, costs, damages, penalties, imposts and any other liabilities we incur from time to time, whether directly or indirectly, as a result of you transmitting or receiving or in any other manner using any information, which transmission, receipt or use is facilitated by or connected with the provision of services to you, including without limitation liability for breach of copyright or any other intellectual property rights

1.2 Terms governing your account

In order to access some of the features of this Site or use some of the Services found at this Site, you will have to activate an account (“Account”). You represent and warrant to us that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If we have reasonable belief that your Account information is untrue, inaccurate, out-of-date or incomplete, we reserve the right to suspend or terminate your Account.

A Registered Name Holder’s wilful provision of inaccurate or unreliable information, its wilful failure promptly to update information provided to Registrar, or its failure to respond for over fifteen (15) calendar days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder’s registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for cancellation of the Registered Name registration.

You are solely responsible for the activity that occurs on your Account, whether authorized by you or not. It is your responsibility to ensure your Account information is secure, including without limitation your customer number/login, password, payment method(s), and shopper PIN. For security purposes, we recommend that you change your password and shopper PIN at least once every three (3) months for each Account you have with us. You must notify us immediately of any breach of security or unauthorized use of your Account. We will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss we or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the current contact information provided by the licensee and the identity of the licensee to a party providing the Registered Name Holder reasonable evidence of actionable harm.

1.2.1 Registrar shall provide notice to each new or renewed Registered Name Holder stating:

1.2.1.1 The purposes for which any Personal Data collected from the applicant are intended;

1.2.1.2 The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);

1.2.1.3 Which data are obligatory and which data, if any, are voluntary; and

1.2.1.4 How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them.

1.2.1.5 The Registered Name Holder shall consent to the data processing referred to in Subsection 1.2.1

1.2.1.6 The Registered Name Holder shall represent that notice has been provided equivalent to that described in Subsection 1.2.1 to any third-party individuals whose Personal Data are supplied to Registrar by the Registered Name Holder, and that the Registered Name Holder has obtained consent equivalent to that referred to in Subsection 1.2.1.5 of any such third-party individuals.

1.2.1.7 Registrar shall agree that it will not process the Personal Data collected from the Registered Name Holder in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name Holder in accordance with Subsection 1.2.1 above.

1.2.1.8 Registrar shall agree that it will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

1.2.1.9 The Registered Name Holder shall represent that, to the best of the Registered Name Holder’s knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.

1.2.1.10 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder’s domicile and (2) where Registrar is located.

1.2.1.11 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.

1.2.1.12 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder’s domain name registration.

If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

1.3 Structure of terms

These terms are structured so that there are clauses which apply to all Services (“the general clauses”) and there are clauses which apply in respect of particular Services. Unless a specific subsection is cited, references to any clause include the subsection in that clause (for example, a reference to clause 1 includes this subsection 1.3, while a reference to clause 1.2 does not include this subsection 1.3).

For the purposes of these terms, the general clauses refer to clauses 1 to clauses 15, while the remaining clauses specify which particular Services they apply to.

Several of the remaining clauses may not apply as you may not have purchased or used those particular Services. However, if you have purchased a particular Service, and there is an inconsistency between a general clause and the clause which applies in respect of that particular Service, you agree that the inconsistency shall be resolved by giving precedence to the clause applying to the particular Service.

2 Acceptable use & general conduct

You irrevocably agree that it is your responsibility at all times to:

Use our service and services in a manner which does not violate any applicable laws or regulations
Respect the conventions of the newsgroups, lists and networks that you use
Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our Service;
Respect the privacy of others
Use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and
Refrain from acts that waste resources or prevent other users from receiving the full benefit of our Services
Ensure your use of our Services remains ethical and in accordance with accepted community standards

It is not acceptable to use our Service(s) for the following non-exhaustive examples and you irrevocably agree that you will not use our Service(s) to:

Violate copyright or other intellectual property rights or publish any material that infringes any third party’s intellectual property rights or any other rights;
Illegally store, use or distribute software; transmit threatening, obscene or offensive materials;
Engage in electronic ‘stalking’ or other forms of harassment such as using abusive or aggressive language;
Misrepresent or defame others;
Commit fraud;
Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;
Damage, modify or destroy the files, data, passwords, devices or resources of us, other users or third parties;
Engage in misleading or deceptive on-line marketing practices;
Conduct any business or activity or solicit the performance of any activity that is prohibited by law;
Make an unauthorised transmission of confidential information or material protected by trade secrets;
“Spam” or engage in “spamming” activities, or sending unsolicited commercial activities;
Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material;
Post or transmit defamatory, harassing, abusive or threatening language;
Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
Facilitate a violation of this clause and Acceptable Use Policy;
Perform any other action through utilization of any service which we deem unsatisfactory;
Run Proxy or any proxy related services, or
Use greater than 100,000 inodes (every file on your hosting account uses 1 inode), or create file system damage by the rapid creation of large volumes of files.

You also agree not to attempt any of the following for our instant site hosted services (if these specs are required then we will need to move you to one our premium self hosted services):

Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, scripts, FTP, PHP, HTTP, Mail, etc
Use more than 512MB of RAM
Use, create or generate (directly or indirectly) in excess of 100 website connections or 100 active processes
Use more than 1MB/s of disk IO
Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any gaming servers/services
Use hosting services for storage of any data not related to the displayed website. You are expressly prohibited from use as an online file repository
Run standalone, automated server-side processes including, but not limited to any daem
Execute any script for longer than 180 seconds
Execute any database query that takes longer than 30 seconds to complete
Create or maintain in excess of 1,000 tables per database
Create or maintain in excess of 1GB of storage per database
Any activity which causes the server to crash / restart
Enable error logging/debugging for more than 15 minutes at a time, create more than 500 debug/log files per day or use more than 1GB of disk space for debug/log files

You must at all times comply with law. You irrevocably agree that you will also be in breach of this Agreement on violation of state, federal or international laws.

You irrevocably agree that any breach of this clause can result in immediate suspension or termination of services and loss of all data held on provided services, and you release us, our staff and our suppliers of any liability resulting in such instances.

3 Liability & indemnity

You expressly and irrevocably agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us, by a third party resulting from the provision or use of Services, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN.

You expressly and irrevocably agree that our total aggregate liability to you for any proven losses, damages and claims in connection with the provision or use of Services or this Agreement, including liability for breach of contract, negligence, tort, or any other common law or statutory action, shall be limited to the charges paid to us by you in respect of the Services which are the subject of any such claim. You agree to defend, indemnify and keep indemnified and hold us harmless from any of the following, non-exhaustive, examples:

Loss of business, contracts, profits or anticipated savings;
Other indirect or consequential or economic loss whatsoever;
Loss of data or inability to retrieve data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries, and any service interruption not caused by us;
Injury to person or property allegedly caused by any products sold or otherwise distributed in connection with us;
Negligence, misconduct, or breach of this agreement by you;
Incomplete, inadequate or otherwise problematic use of any Services by you;
Omission or failure by you to obtain appropriate advice, including legal advice, in respect of any Services or this Agreement prior to making a purchase;
Incomplete, inadequate or lack of knowledge and experience necessary for use of any Services;
Allegation that your account infringes a third person’s copyright, trademark, or intellectual property right, or misappropriates a third person’s trade secrets due to the information you have provided us, and
Damages including but not limited to indirect, special, incidental, consequential or exemplary damages allegedly arising out of, resulting from, incidental to, or in connection with this Agreement or Services.

You understand that should we be notified of pending legal action, we may seek written confirmation from you concerning your obligation to indemnify us under this Agreement in accordance with these terms, and you expressly and irrevocably agree that failure to provide such confirmation may be considered a further breach of this Agreement.

Where to do so is unlawful under any legislative provision (“Act”) falling under the governing law of this Agreement, nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the Services and you. To the full extent permitted by law, where the benefit of a non-excludable condition, warranty or other obligation is conferred upon you pursuant to an Act falling under the governing law of this Agreement, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to either the supplying of the service/product again or payment of the cost of having the service/product supplied again.

You expressly and irrevocably agree that this clause survives the expiry and/or termination of Services or this Agreement.

Should any part of these terms be made invalid by relevant legislation, that wording shall be deemed to be omitted and the remainder of the terms shall remain in force.

4 Fees

The charges for our services are published on our web site. We maintain the ability to change them at will, however changes shall not be retrospective.

Charges for a service are those published at the time you request for the service. Special, promotional or bundled pricing for particular Services may be limited on a per year/member/email address basis; prices displayed after account login and prior to payment will indicate eligibility for such pricing. You agree to pay for all the services you request and/or use. Charges that you pay are non-refundable, except where we have expressly consented otherwise.

You agree that failure to pay or failure of payment being honoured will void your application and relieve us of any responsibility with regards to the provision of the services applied for.

You are solely responsible for the renewal of any held services with us. You acknowledge and agree that we may, at our discretion, choose to send notification of expiry but are not obliged to do so, but that it is your responsibility to ensure that your electronic contact address is valid, active and correct. You hereby agree that we cannot and shall not be held responsible for any loss/suspension/termination of any service arising from a failure to renew your services.

Renewal fees are published on our website. There is no variation in post expiry renewal fees from pre expiry renewal.

5 Payment

You irrevocably agree and authorise that if any payment due from you to us is not received by the due date, that we may directly debit that payment using the credit card account details provided by you upon registration.

We are entitled to recover (on a full indemnity basis) any costs, fees and charges (including legal costs) incurred in recovering any amounts owed to us by you. Without limitation to the above, we may charge an administration fee for any dishonoured cheques.

You acknowledge that should we not receive renewal payment prior to the date of expiry we reserve the right to suspend services immediately without notice. We may provide a 30 day grace period whereby we will hold your information and data on our servers. Should this period expire without payment, we reserve the right to purge all data pertaining to your account with us without liability whatsoever.

5.1 Merchant Facilities

Our merchant facilities are provided/serviced via Stripe.

We use a range of merchant facilities to process payments for our products and services. Our available payment methods include VISA, Mastercard, American Express, Paypal and Stripe. In some instances we offer wire/bank transfer as well as cheque.

We endeavour to offer payment methods to suit you and your market however we cannot make any guarantees or assurances that your chosen payment method is available or does not incur additional fees with your chosen financial institution.

5.2 Pricing

All pricing is displayed exclusive on applicable taxes and surcharges. Any applicable amounts will be included in the total amount on the final screen prior to order completion. By proceeding with order completion you irrevocably agree and authorise to the displayed amount being either drawn from the selected payment method or required to be processed by you as a manual payment (e.g wire transfer).

All pricing is displayed in the currency noted on the page being viewed. The location of the currency indicator may relocate from time to time. It is your responsibility to ensure that the currency indicated is of your personal preference. Via our financial institutions we will make every effort to ensure that your payment is processed in the currency selected. This may not be available from time to time and payment may be processed in another currency based on live foreign exchange rates. We shall not be held liable for any additional charges or perceivable losses incurred as a result of exchange rates, commissions, credit card fees or any other loss imposed by neither our nor your financial institution. You agree to waive any and all claims based upon such instances (including any and all claims for a refund based on the foregoing).

5.3 Applicable Taxes

As aforementioned, taxes (amount and type of tax) may be applied to your order should they be applicable. This can occur due to, but not limited to, the following circumstances; your geographical location, nature of order (business or personal) and/or product/service ordered. Applicable taxes can be applied regardless of the selected currency.

Depending on the aforementioned circumstances, you may or may not be asked to provide additional information regarding your account and the details that are associated to the account and the products/services that are being rendered.

If you indicate, or it is deemed that you are operating as a business, company or corporation, you’ll be responsible for self-assessing and paying your own applicable taxes at the standard regional rates, should this be required under local legislation. Upon request you will be required to provide either on or post account application the following (but not limited to) information:

Your entity name and if applicable, number
Your applicable Tax ID (e.g VAT Number)
The nature of your business

If you indicated, or it is deemed that you are operating the account for personal use, your account and orders may be subject to applicable taxes at the current local rate required by your local legislation. If you indicate that your account is personal, we reserve the right to review and assess your account and if deemed necessary, change your account to business at our sole discretion. We may, but are not obliged to, contact you to advice of this change and/or request further information regarding the nature of your account.

In accordance with applicable legislation, it is your responsibility to ensure that any and all tax requirements are met at your sole responsibility. FEMP cannot and will not give any advice about applicable taxes. Should you have doubts or queries regarding applicable taxes you should contact your tax advisor or applicable revenue commissioner.

You may, at any time contact us with regards to the nature of your account or make these changes via your Account Manager. We reserve the right to review provided information or request further information if necessary. By changing the status of your account you may be eligible for an account credit based on incorrectly applied taxes, however we are not obliged to do so.

Any applicable taxes charged will not only be indicated prior to payment processing but will be included in any completed invoices.

5.4 Automatic Renewal Service Agreement

Your purchase includes an opt-in enrolment in our automatic renewal service. This keeps your products and services up and running by automatically charging the then-current renewal fees to your payment method on file just before they’re set to expire, with no further action on your part. We may, but are not obliged to, issue notification to the contact details on file advising of the impending auto-renewal. You may cancel this service at any time by turning off the auto-renewal feature in your FEMP Account Manager. Click ‘Setup Auto Renewal’ and remove your domain name, product or service from the list. You may also receive a notice to the email address on file ahead of auto renewal processing. Any cancellations of auto renewal must be actioned 1 calendar day ahead of auto renewal date. By opting in, or not opting out of auto renewal, you agree to be bound by all applicable terms, conditions, policies and procedures which apply to product renewed as they are published within this document.

6 Payment Chargebacks

You irrevocably agree that:

You cannot seek to reverse a payment (chargeback) in your favour.
We may hold you to the transaction, resist the chargeback, and charge you reasonable costs for doing so.
We hold the right to suspend and/or cancel your service and decline you from any further services until all applicable costs have been paid.
We reserve the right to engage the services of a debt collection agency should the above costs not be paid, and
You will be charged for collection costs in addition to applicable costs in the event that we exercise the right to engage he services of a debt collection agency should the above costs not be paid.

Policies & Privacy

Effective Date: 1 January 2015

7 General privacy policy

This privacy policy applies to www.femp.me owned and operated by Freelance Electronic Multimedia Produtions (“FEMP”, “Us”, or “We”). This privacy policy describes how FEMP collects and uses the personal information you provide on our website: www.femp.me (“website”). It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

This policy governs the use and disclosure by us of personal information of our users and outlines how users can access that information. It is only applicable on the assumption that:

You provide us with all information marked as compulsory on the relevant application forms
You warrant that all information provided to us is complete, accurate and up to date at all times

7.1 Information collection and use

We collect or maintain the following personal information about our users:

Name
Address
Telephone Number
Email Address
Username & Password
Credit Card details (if applicable)), including a protected scan/photo of the card
Photo/Official Identification
Business/entity/organisation details and identification

This information will be collected with your knowledge and participation. If you choose not to provide this information we may decline to accept your registration. It will not be possible for you to deal with us anonymously. We use this information to fulfill your order, respond to your customer service requests, administer your account, assess the needs of your business to determine suitable products and to protect against fraud and abuse.

7.2 Tracking technologies

We use cookies for to remember users’ settings and for authentication. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our website, but your ability to use some features or areas of our website may be limited.

We, and/or our partners, affiliates, or analytics or service providers, may use tracking technologies such as cookies, beacons, tags, and scripts to analyze trends, administering the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies from these companies on an individual or aggregated basis.

The third parties with whom we partner to provide certain features on our website or to display advertising based on your web browsing activity, use Local Shared Objects (Flash cookies) to store content information and preferences. To manage Flash cookies, please click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html

As is true of most web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

We do link this automatically-collected data to personal information. IP addresses are tied to personal information for the purposes of logging site actions (updating information, buying products, etc) so that in the event of a bug or a dispute, we can review the actions taken that led to the outcome and attempt to reproduce the issues.

7.3 Behavioural targeting

We partner with a third party ad network to either display advertising on our website or to manage our advertising on other sites. Our ad network partner uses cookies and Web beacons to collect non-personal information about your activities on this and other websites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may adjust the settings on your own computer by disabling cookies. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

7.4 Sensitive information

We will not collect information revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, or details of health, disability or sexual activity or orientation, unless compelled to do so by law.

The personal information we collect may be used for the following purposes:

To administer our network;
For billing purposes;
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the account settings in your members console or you can contact us at info@femp.me;
For any other purpose for which you would reasonably expect your personal information to be used;

7.5 Disclosure of your personal information

We will share your personal information with third parties only in the ways that are described in this privacy policy. We do not sell your personal information to third parties.

Your personal information may be disclosed, and you hereby irrevocably consent to such disclosure, in the following circumstances:

To our authorised officers and our agents for the purpose of administering our network or for billing or credit collection purposes
To companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us
Under compulsion of law, for example if a warrant or court order is received or such as to comply with a subpoena, or similar legal process
To lessen or prevent a serious and imminent threat to an individual’s life or health
If FEMP is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information
To you or with your consent;

Otherwise we will use reasonable endeavours to avoid the disclosure of your personal information, save that aggregated demographic information may be disclosed so long as the information is unable to identify you or any other individual.

7.6 Accessing your personal information

You can contact us to request a copy of your personal information by emailing our Privacy Officer at info@femp.me. The Privacy Officer shall attend to your request on a confidential basis within fourteen (14) business days of the request being received. No fee will be levied for access to this information.

7.7 Refusal of access

Access of your personal information may be refused if:

Providing access would pose a serious and imminent threat to life or health of a person
Providing access would create an unreasonable impact on the privacy of others
The request is frivolous and vexatious
Denial of access is authorised or required by law

7.8 Data quality

We will use all reasonable endeavours to ensure the accuracy and quality of the information collected about you. If your personal information changes, or if you no longer desire our service, you may correct, update, amend, or deactivate your account by making the change on our member information page or by emailing us at info@femp.me. Alternatively, you can contact us via other avenues specified on our Contact Us page. Should personal information that you know has been collected about you change, it is your responsibility to bring the changes to our attention.

We will retain your information for as long as your account is active or as needed to provide you services. Deactivation of your account will not delete your personal information from our database entirely We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

7.9 Data security

We will endeavour to keep your personal information as secure as reasonably possible. Without limitation, registration information is not accessible over the Internet, but only from a secure password-protected internal workstation. Our Internet server utilises a modern Linux-based operating system that is maintained with the latest available security patches and updates.

The security of your personal information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).

We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us at info@femp.me.

7.10 WHOIS

For .ae domain registrations please see .aeDA’s WhoIs Data Collection and Display Policy www.aeda.ae which sets out the guidelines on the collection, disclosure and use of WhoIs data.

7.11 Links to 3rd party sites

Our Site includes links to other websites whose privacy practices may differ from those of FEMP. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

7.12 Social media widgets

Our website includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our website. These Features may collect your IP address, which page you are visiting on our website, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our website. Your interactions with these Features are governed by the privacy policy of the company providing it.

7.13 Import contacts

You can import contacts from your email account address book(s) to invite your contacts to join our website. We collect the username and password for the email account(s) from which you wish to import contacts, and we will only use your username(s) and password(s) for the purpose of importing contacts.

7.14 Use of Non-personal information

You acknowledge and agree that any testimonials or feedback you provide to us may be used for training and/or marketing purposes. We reserve the right to use any testimonials or feedback for any purpose at our sole discretion. You acknowledge and agree that any feedback you provide may be shared with third parties via social media and associated programs.

You acknowledge that you relinquish any proprietary rights you may hold over information, data, or opinions that you provide to us by way of a testimonial, complaint, or feedback.

If you wish to update or delete your testimonial or feedback, you can contact us at info@femp.me.

7.15 Changes to this policy

We may update this privacy policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

7.16 Contact us

If you have questions about this privacy policy, you may contact us at:

Email Address: info@femp.me

8 Notification

You irrevocably agree that we may provide notification or communication by:

Emailing the notice or hyperlink to a webpage that contains the notice, to the most recent electronic contact address supplied to us
Faxing to or calling the most recent number supplied to us
Ordinary mail/hand delivery to the most recent postal address supplied to us
Any other method permitted by law

You irrevocably agree that any notification or communication is deemed to have been received by you as follows:

If it (or hyperlink to it) is emailed: one hour after it leaves our mail server
If it is faxed: when issued successful delivery record from the machine
If it is mailed: at 10AM on the second business day after posting it
If it is hand delivered: at the time of delivery

In any other method: at the time by which it would have been delivered as per the normal course of the given method.

9 Right to deny

In addition to any other options, we may, in our discretion, without notice, refuse to supply, cancel, suspend or transfer any service should we believe it is necessary to protect the integrity, stability and security of us, the Site, or our affiliates/agents; at the request of any law enforcement agency; pending any applicable dispute resolution process or in effort to avoid potential liability, civil or criminal, on our part.

10 Amendments to Agreement

We, in our sole and absolute discretion, may change or modify this Agreement, and any further agreements incorporated herein, at any time. Such amendments shall be effective immediately upon the posting of such amendments on this Site. Changes to this Agreement will become evident by the posting a “Last Revised” date at the bottom of this page. Further use of the Site and its Services will indicate acceptance of these revised conditions. If you do not agree to be bound by this Agreement as last revised, discontinue use of the Site and Service thereof.

11 Waiver

A waiver by us of a provision or right under this agreement is binding on it only if it is given in writing and signed by our authorised officer. A waiver is effective only in the specific instance and for the specific purpose for which it was given. Failure by us to exercise or delay in exercising a right under this agreement does not prevent our exercise of the same right at a later date, at any time, or operate as a waiver of our rights in the matter.

12 Further assurance

You must at our request promptly execute and deliver such further documents and do such further acts as are reasonably necessary to give full effect to your obligations under this agreement.

13 Reasonable Control

We are not responsible for any delay in performing or failure to perform any obligation to you as a result of any matter beyond our reasonable control.

14 Applicable law and entirety of Agreement

You expressly and irrevocably agree that:

This Agreement is governed by the law of the State of Victoria and the Federal Laws of Australia, and embodies the entire understanding and agreement between the parties, and supersedes all prior agreements (written and oral), understandings and representations, unless otherwise stated in this Agreement.
We may amend these terms at any time, and such amendments will become effective as soon as they are posted on our website, following which if you continue to use the services, you are deemed to have agreed to be bound by those amendments. It is your responsibility to review our website periodically to ascertain whether these terms have been changed;
Except as specified in 10 and 14(b), no variations may be made to this Agreement unless it is in writing and signed by our authorised representative;
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Victorian Civil & Administrative Tribunal, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Melbourne, Victoria, Australia. The language to be used in the Arbitration shall be English.

15 Web Design & Graphic Design & Marketing Services Agreement

This entire clause 15 relates to the Web Design and/or Graphic Design and/or marketing products and services.

15.1 Representations by us

15.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, particularly clause 15.0;
You can only expect Services in accordance with the terms of this Agreement, and
In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 15.0, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.

15.1.2 Services

Graphic, Marketing & Web Design services are provided as an economy/premium service. We may provide such services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers. The Graphic, Marketing & Web Design Services are an online offering where individuals or entities that have signed up as clients can post specific assignments and project descriptions, including illustrative samples or other media as part of their campaign brief.

Each package has an allocated number of concepts and revision rounds. Further revisions or concepts will only be available by upgrading to the higher package or purchasing relevant upgrade products.

Subject to the service terms and respective agreements, policies and procedures, we shall use commercially reasonable efforts to attempt to provide services Monday to Friday, 12PM to 8PM GMT+10 with the exception of weekends and public holidays (all states, provinces and territories). You acknowledge that from time to time service may be inaccessible or inoperable for any reason. You agree to hold us free of any liability or indemnification that may come as a result of any inaccessibility or inoperability.

15.1.3 Creative Brief and Responses

You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs to the Web Site, including providing samples illustrating your Creative Brief and any relevant deadlines.

We are under no obligation to review a Creative or Revision Brief for any purpose, including accuracy, completeness of information, quality or clarity. We may decide, at our sole discretion, to deny a Creative or Revision Brief.

When you are provided with a Revision, you are responsible for reviewing the Revision. If you fail to promptly advise that the Revision is not reasonably responsive to the Creative Brief, you will be deemed to have accepted the Revision.

If you notify us that you think a Revision is not reasonably responsive to the related Creative Brief, you shall then submit to us a Revision Brief containing information regarding amendments or modification to be made to the initial Response.

15.1.4 Revisions

The purpose of the revision process is to create responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the Responses generated might be quite different in nature from the original composition you selected. Further revisions (subject to the purchased plan) shall be modifications to the current composition only.

The included revisions are applicable to the initial design only and further revisions after the design completion will be charged at our discretion.

15.1.5 Maintenance

We will provide monthly or annual maintenance in accordance with the service package purchased, ordered or maintained. If allocated maintenance time is not utilised during the respective maintenance schedule, they will not be carried over to the next schedule. Should the required maintenance exceed the allocation you may purchase additional time allocation in 30 minute blocks. Unused additional time allocation is not carried over and no refund will be issued for any allocation not used.

We require creative material be of sufficient quality and correct format, we reserve the right to deduct allocated time if we are forced to request re-submission. We will endeavour to advise if required maintenance appears to not be possible within allocated time but reserve the right to advise at any time that the time allocation is insufficient. Un-finished maintenance will not be published or distributed until further allocation has been purchased.

15.1.6 Content

Web Design content is to be 100% supplied and installed by you unless otherwise agreed upon in writing. We will not, under any circumstances install or maintain content on the website and are only responsible for providing to you the design and instructions for installing/maintaining content unless otherwise agreed in writting. It is your responsibility to ensure that the content installed and held in your website is your own and does not belong to a third party, obtained without authorisation, in breach of trademark or copyright. You agree to hold us from any damages resulting from infringing content. We reserve the right to suspend or terminate any account we believe to be in breach of our Acceptable Use Policy.

15.1.7 Technical Information

Colours: The default colour model for our graphic design is the RGB & CMYK format unless you specify that you require PMS (Pantone) prior to the start of the project. Any format change after the start of the project will have an additional charge.

Logo Design File Format: The source file will be in Adobe Illustrator (.ai) format. The fonts will be converted into outlines.

Graphic Design and Other formats sent may be JPEG, TIFF, EPS, PNG, GIF, PSD and PDF. Additional formats can be required upon request.

Web Design File Format: The source files will be held on our Hosting Services in a format which is in line with recent design and format technologies.

Marketing Formats: The source files for marketing campaigns will be held and shared to you using cloud storage services such as Dropbox and/or Google Drive

15.1.8 Rights to Use

Upon submission of a creative or response briefs or any other information or media provided by you in connection with your use of the Service, we and our agents shall have all rights and licenses necessary to use such client Information for the purpose of obtaining responses and for archival purposes.

Upon your submission of client information to the service, you grant us and our related agents a royalty-free, perpetual, irrevocable, sublicense able, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the service and responses.

Graphic Design: Subject to your compliance with these terms, you shall own the final the revision composition provided to you by us. You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final revision as set by your purchased plan. We expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to us a royalty-free, irrevocable exclusive worldwide right to use Creative and revision briefs, individual responses provided to you, and final revision for internal and archival purposes, and in order to display and promote our services. We retain the rights to all artwork concepts and other content not selected by you. You acknowledge that your ownership rights under these terms are limited to the final revision, and that no trademarks or service marks in or to any final revision are being conveyed under these terms. You hereby acknowledge that we shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Product. Accordingly, you are encouraged to perform your own independent searches with regard to the final Revision. Furthermore, you acknowledge that we shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the final revision, nor shall we be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the final revision.

Web Design: Ongoing service is solely dependent of your active subscription to the Web Design service. Failure to maintain your active subscription will result in suspension or termination of the services included with your normal subscription. You acknowledge that this may result in your web site being displayed to the public. Cancellation of the service will result is suspension or termination of the included services. Cancellation mid-term of applied service period will not entitle you to any refund. You acknowledge that all material developed by us or our third party partners belongs to and is copyright to us in accordance with copyright law. Payment of ordered services is allocated to the setup and maintenance of the services rendered in relation to the ordered service package only. You agree to prevent any unauthorized copying of any material relating to the services or resulting product. We do not grant any express or implied right to you. We reserve the right to utilise materials created through your services for any purpose, including utilising materials to promote our services via any medium.

Marketing & Project Management Services: Subject to your compliance with these terms, you shall own the final the revision compositions provided to you by us. All strategy, industry practices, processes and methods are owned exclusively by us and must not be shared or disclosed to any third party under any circumstances without our written consent.

15.1.9 Third party

We may provide Services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers. In the event of any disruption or failure to provide a service as a result of a third party, you agree to indemnify us and hold the us and the third party separately.

15.1.10 Terms/Representations

Some of the Services we offer are at budget prices on the basis we deliver a budget conscious Service (for example, compare also review of flights with Tiger Airways and review of flights with Singapore Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
This is not an archival service. You are solely responsible for maintaining independent back-up copies. We expressly disclaim any liability or responsibility for any loss, damage or destruction of designs, distribution lists, or any other content.

15.2 Refunds

15.2.1 Agreement

You expressly and irrevocably agree that:

It is your responsibility to ensure that Services are utilized to their full potential;
It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
We are not obliged to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms, to offer you:
1. An account credit; or
2. A refund;
only in circumstances where a cancellation request has been filed within 72 hours, being the reasonable ‘cooling off period’ of the purchase application being made;
We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website.
We may choose, on your request to downgrade an account however no refund or account credit will be applied if outside the 72 hour cooling off period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour cooling off period;
Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;

Your request for refund will be denied where:
Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
We believe you have breached your agreement with clause 15.2.1(a), (b) and (c) in any way;
We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
We believe the request is fraudulent.

We take no responsibility for any mistakes in application either on the advice of our staff, a third party or your sole decision; and
You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 15.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

15.2.2 Process of claiming refund

In order to claim a refund or account credit, you undertake to clearly request a refund or account credit (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund or account credit is subject to clause 15.2.1 of this Agreement.

Account credits cannot be refunded or redeemed as cash credits under any circumstances. Account credits, whether purchased by you or provided to you as a gesture of goodwill, can only be redeemed via purchase of any Service(s) available at our website.

15.3 Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

You have any outstanding invoice or account.
Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
You fail to comply with any provision in this agreement or those referenced in this agreement.
There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s rights.
We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.

Any suspension or cancellation is subject to clause 15.2.

If your account is cancelled under this agreement:

You must pay all outstanding charges to us immediately.
We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
We may immediately delete all data held prior to cancellation.
We may perform any action without notice.

16 DNS Services Agreement

This entire clause 16 relates to the DNS Services Products, which include:

DNS Services are currently available on request. The level of technology included will depend on an evaluation or the user’s business on a case by case basis.

16.1 Representations by us

16.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that:

Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 16.1.2;
You can only expect Services in accordance with the terms of this Agreement, and
In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 16.1.2, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.

16.1.2 Terms/Representations

We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Singapore Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
Although no software or advanced technical knowledge is required, as with most Services, some level of knowledge and experience with computers, software and the internet is required to use the Service. Knowledge or experience from more than 3 years from the date of purchase may not be sufficient for this Service. Customers who read the FAQs and instruction manuals have found the Service easy to use.
We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers.
This is not an archival service. You are solely responsible for maintaining independent back-up copies of your emails. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your emails, distribution lists, or any other content.

16.2 Refunds

16.2.1 Agreement

You expressly and irrevocably agree that:

It is your responsibility to ensure that Services are utilized to their full potential;
It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
The DNS products are as advertised, they may not be able to be altered or have features added or removed. Upon purchase, you acknowledge and agree to all of the product’s features as a whole.
We are not obliged to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms and our discretion, to offer you:
1. An account credit; or
2. A refund only in circumstances where a cancellation request has been filed within 72 hours, being the reasonable ‘cooling off period’ of the purchase application being made.
We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website.
We may choose, on your request, to downgrade an account however no refund or account credit will be applied if outside the 72 hour cooling off period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour cooling off period;
Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
Your request for refund will be denied where:

Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
We believe you have breached your agreement with clause 16.1.2 in any way;
We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
We believe the request is fraudulent.

We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 16.1.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

16.2.2 Process of claiming refund

16.3 Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

You have any outstanding invoice or account.
Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
You fail to comply with any provision in this agreement or those referenced in this agreement
There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s rights.
We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.

Any suspension or cancellation is subject to clause 16.2.

If your account is cancelled under this agreement:

You must pay all outstanding charges to us immediately.
We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
We may immediately delete all data held prior to cancellation.
We may perform any action without notice.

17 FEMP Hosted WordPress Agreement

This entire clause 17 relates to the FEMP Hosted WordPress (aka ‘FEMP Hosted’, ‘Instant Site’, ‘WordPress Hosted’ & ‘Hosted WordPress’) Product. Non hosted WordPress installs are referred to as ‘Self Hosted’ and are not hosted on our femp.me server.

17.1 Representations by us

17.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that:

Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 17.1.2;
You can only expect Services in accordance with the terms of this Agreement, and
In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 17.1.2, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.

17.1.2 Terms/Representations

We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Singapore Airlines). For a premium level of Service (self hosted), a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
We estimate that we cater to a large number of designs for Web & Mobile, on the basis of the combinations of available fonts, colours, graphics, backgrounds, etc. The estimate may include any number of designs which, with the exception of incremental differences, appear similar. Ultimately, this is dependent on the theme used. We support one theme as part of the Service at no extra cost, however, for custom themes and third party themes, an additional fee may be charged for further customisations where we have not developed them.
With the Woocomerce shopping cart functionality, you can add unlimited products with shopping cart functionality and a PayPal plug into your WordPress Woocomerce plugin and start selling your products. Mastercard and Visa gateways are only provided through the PayPal plugin. We can cater to other non Paypal gateways on request, potentially at an additional cost.
Although no software or advanced technical knowledge is required, as with most Services, some level of knowledge and experience with computers, software and the internet is required to use the Service. Knowledge or experience from more than 3 years from the date of purchase may not be sufficient for this Service. Customers who read the FAQs and instruction manuals have found the Service easy to use.
Our software automatically creates a mobile optimised HTML version of your website for devices such as iPhone and iPad which do not have Adobe Flash-enabled. However, flash-enabled devices will not require the optimised version. Some features and aspects of design in the optimised version may not appear like the flash version.
We provide disk space on a fair use policy, users start with minimum 5gb of space and when more space is required we review each request on a case by case basis to decide whether an extra cost is necessary. In most cases extra cost is not required but for larger sites we reserve the right to request an additional fee.
This service is designed for low to medium website traffic, if your site expands beyond a suitable amount for this Service then we may contact you with upgrade options for a premium Self Hosted service. If we request you to upgrade then you must decide within 7 days of your final decision for your website to avoid Service suspension.
We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers.
This is not an archival service. You are solely responsible for maintaining independent back-up copies of your emails. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your emails, distribution lists, or any other content.

17.1.3 Third party

We may provide servers directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers. In the event of any disruption or failure to provide a service as a result of a third party, you agree to indemnify us and hold the us and the third party separately.

17.2 Refunds

17.2.1 Agreement

You expressly and irrevocably agree that:

It is your responsibility to ensure that Services are utilized to their full potential;
It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
We are not obliged to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms, to offer you:
1. An account credit; or
2. A refund only in circumstances where a cancellation request has been filed within 72 hours, being the reasonable ‘cooling off period’ of the purchase application being made.
We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website.
We may choose, on your request to downgrade an account however no refund or account credit will be applied if outside the 72 hour cooling off period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour cooling off period;
Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
Your request for refund will be denied where:

Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
We believe you have breached your agreement with clause 17.1.1(a), (b) and (c) in any way;
We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
We believe the request is fraudulent.

We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 16.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

17.2.2 Process of claiming refund

17.3 Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

You have any outstanding invoice or account.
Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
You fail to comply with any provision in this agreement or those referenced in this agreement
There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s rights.
We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.

Any suspension or cancellation is subject to clause 17.2.

If your account is cancelled under this agreement:

You must pay all outstanding charges to us immediately.
We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
We may immediately delete all data held prior to cancellation.
We may perform any action without notice.

18 Web Hosting & Self Hosted Agreement

This entire clause 18 relates to the Web Hosting & Self Hosted products and services (servers that are solely the Customers’s servers only).

18.1 Representations by us

18.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 17.1.2;
You can only expect Services in accordance with the terms of this Agreement, and
In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 17.1.2, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.

18.1.2 Setup

It is your responsibility to ensure that any applied hosting package application is completed and activated ready for full use unless we have agreed in writing to manage your installation & implementation on your behalf. Quoted times for account activation are estimates and we do not guarantee or imply activation within the quoted time frame. We may delay or refuse activation if:

Payment is not cleared or received in full.
We believe the order, information or payment is fraudulent.
You have any funds outstanding with relation to any other account.
The domain name quoted does not exist, is in a non-usable state (e.g pending renew) or deemed to be proposed for use that voids our Acceptable Use policy.
There is any other reason which we deem satisfactory.

We may send notification of hosting activation however:

Your contact details must be correct and up to date.
This is not final word that your hosting is fully active and ready for use, you must ensure the hosting is fully functional unless we have agreed in writing to manage your installation & implementation on your behalf.

You release us of any claim arising from failed hosting activation whether at fault of our system, our staff or any other factor out of our reasonable control.

18.1.3 Service Levels

We will endeavour to maintain network stability and satisfactory service levels, however you irrevocably agree that:

We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory.
We may experience outages beyond our control caused by any of the following; force majeure (any ‘act of god’ including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by us, our suppliers or any third party
We may, at our discretion provide notification of outages whether planned or unplanned.
You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party.

18.1.4 Third Party Services

We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers.

18.1.5 Terms/Representations

We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Singapore Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
This is not an archival service. You are solely responsible for maintaining independent back-up copies of your emails. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your emails, distribution lists, or any other content.

18.2 IP Addresses

18.2.1 Resumption of IP Addresses

You acknowledge and irrevocably agree that you must use at least 90% of the IP addresses that you have purchased, and that have been assigned to you, within 30 days of the date of assignment. Failure to utilise 90% of the IP addresses assigned to you may result in the unused IP addresses being reclaimed by us. You acknowledge and irrevocably agree that you release all rights that you may have to such reclaimed IP addresses in the event that the above occurs.

18.3 Refunds

18.3.1 Agreement

You expressly and irrevocably agree that:

It is your responsibility to ensure that Services are utilized to their full potential;
It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
We are not obliged to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms and at our absolute discretion, to offer you;
1. An account credit; or
2. A refund;
in circumstances where a cancellation request has been received by us.
We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website, and cannot be refunded or redeemed as cash credits under any circumstances. You expressly acknowledge that upon accepting, using, or otherwise receiving an account credit in your account, any entitlement you may have to cash credits in respect of your purchase is waived and ceases with immediate effect.
We may choose, on your request to downgrade an account however no refund or account credit will be applied if:
1. We have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
You are liable to pay any administrative costs incurred by us as a result of refunding any Service;
Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
Your request for refund will be denied where we:

Determine that you have not claimed your refund in strict compliance with clause 18.3.3;
Determine that Service on the claim has been used illegally or outside the terms of service (including but not limited to spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, such as a website being compromised due to a vulnerability of an application installed by the user);
Believe you have breached your agreement with the terms of this Agreement in any way;
Have sent communication to you, and we do not receive a response to our communication within 1 week of us transmitting such communication to you; or
Believe the request is fraudulent.

We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 18.1 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

18.3.2 Process of claiming refund

In order to claim a refund or account credit, you undertake to clearly, via email to us:

request a cancellation of your Services; and
request a refund or account credit (and provide reasons for the request).

You understand that it is your responsibility to ensure that we have received your email within 72 hours of deciding you want a refund.

Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for any refund or account credit is subject to your compliance with, and subject to in any case the entirety of the terms of this Agreement.

18.4 Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

You have any outstanding invoice or account.
Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
You fail to comply with any provision in this agreement or those referenced in this agreement.
There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s rights.
We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.

Any suspension or cancellation is subject to clause 18.3.

If your account is cancelled under this agreement:

You must pay all outstanding charges to us immediately.
We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
We may immediately delete all data held prior to cancellation.
We may perform any action without notice.

18.5 Web Hosting & Self Hosted Websites cancellation

We hold the right to suspend/cancel/terminate any hosting service for any of the following:

Non-payment or failure to renew service.
Chargeback/reverse of payment.
If we have reason to believe you are not using the services in accordance with this service agreement.
If a competent regulatory authority/body requires us to do so.
At our sole discretion.

Service provision may also be suspended/cancelled or terminated:

If you are in breach of this agreement or registry operator policy. We may give you notice identifying the breach and requiring remedy with a specific time frame.
If you do not comply with our breach notice.

You release us of any claim arising from suspension, cancellation or termination of any service.

18.6 Web Hosting Transfer

The Web Hosting Transfer service is available as an opt-in addon to a Web Hosting plan purchase and is prescribed to assist with transferring hosted email and websites from another provider to FEMP. You may only apply and process one Web Hosting Transfer per unique Web Hosting account/package. If you wish to transfer additional websites you must process a new Web Hosting Transfer with a new Web Hosting package included.

We do not make any guarantees in transferring email and web hosting regarding:

Success of transfer. We may only be able to migrate a portion of your account, other elements may require your partial or complete management.
Speed of transfer. We will endeavour to complete the migration within 48 business hours, however there may be instances where completion of the migration may extend well beyond this time frame.
Compatibility. It is important to note that whilst we will make every effort to ensure that there is maximum email and web hosting compatibility from the old host to FEMP, due to software complexity it is not always possible to ensure 100% compatibility of applicable software with the new server. It is your responsibility to ensure that you have purchased a web hosting plan specified to support your email and website as well as performing a complete test of your services post transfer.
Completion. It is your responsibility to ensure that all necessary files and settings have been migrated to completion.

We endeavour to ensure that all of the above items and any other factors relating to a web hosting transfer are done to maximum effect and have installed a solid process and policy to govern the management of a migration however we shall not be held liable for any failure, damaged or lost data to FEMP. It is your sole responsibility to maintain a full back up of your data and files.

18.6.1 Refunds

In addition to other terms and policies contained within this document this clause, which specifically applies to a refund following an order for a Web Hosting Transfer shall apply.

As per clause 18.6, we will take every measure available to us to conclude a migration to the maximum success possible, however we cannot guarantee 100% success. As such we may offer a credit or refund for any purchase web hosting plan when combined with a web hosting transfer order. We maintain full discretion as to when this should and shouldn’t be offered.

19 Email Hosting & Exchange

This entire clause 19 relates to the Email Hosting and/or Email Exchange Product.

19.1 Representations by us

19.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 19.1.2;
You can only expect Services in accordance with the terms of this Agreement, and
In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 18.1.2, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.
We reserve the right to use advanced third party services to fulfill your email hosting requirements, in these scenarios you will be required to comply with the third party’s service terms & conditions.

19.1.2 Terms/Representations

We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Singapore Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
This Service is an email productivity tool that will be tailored to your budget and email server requirements.
This is not an archival service. You are solely responsible for maintaining independent back-up copies of your emails. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your emails, distribution lists, or any other content.

19.1.3 Third Party Services

19.2 Refunds

19.2.1 Agreement

You expressly and irrevocably agree that:

It is your responsibility to ensure that Services are utilized to their full potential;
It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
We are not obliged to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms and our discretion, to offer you:
1. An account credit; or
2. A refund only in circumstances where a cancellation request has been filed within 72 hours, being the reasonable ‘cooling off period’ of the purchase application being made.
We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website.
We may choose, on your request to downgrade an account however no refund or account credit will be applied if outside the 72 hour cooling off period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour cooling off period;
Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
Your request for refund will be denied where:

Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
we believe you have breached your agreement with clause 19.1.1(a), (b) and (c) in any way;
we have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
we believe the request is fraudulent.

We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 19.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

19.2.2 Process of claiming refund

19.3 Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

You have any outstanding invoice or account.
Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
You fail to comply with any provision in this agreement or those referenced in this agreement.
There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s rights
We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.

Any suspension or cancellation is subject to clause 19.2.

If your account is cancelled under this agreement:

You must pay all outstanding charges to us immediately.
We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
We may immediately delete all data held prior to cancellation.
We may perform any action without notice.

19.3.1 Email Hosting cancellation

We hold the right to suspend/cancel/terminate any hosting service for any of the following:

Non-payment or failure to renew service.
Chargeback/reverse of payment.
If we have reason to believe you are not using the services in accordance with this service agreement.
If a competent regulatory authority/body requires us to do so.
At our sole discretion.

Service provision may also be suspended/cancelled or terminated:

If you are in breach of this agreement or registry operator policy. We may give you notice identifying the breach and requiring remedy with a specific time frame.
If you do not comply with our breach notice.

You release us of any claim arising suspension, cancellation or termination of any service.

20 Servers

This entire clause 20 relates to the Servers only services. Currently we do not offer server management without managing the website code iteself.

If you are looking for a server without coding & development then you may get in contact with us and we can arrange a consultancy service that gets you on the right type of server you need, however, once we have made our recommendations it will be up to your website developer to make the final decision to whether our recommendations are suitable or not.

You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 19.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

We highly recommend that if you are looking for a server that you get in contact with us to assist with the development so that we can ensure your solution is managed and set up correctly under our Self Hosted Website services.

21 Domain Names

This entire clause 21 relates to the Domain Name Product. For this clause, the following terms shall be defined as follows:

Registrant	The current licensee of a domain name.
.auDA	.au Domain Administration Limited ACN 079009340.
.auDA policy	Any policy listed by auDA. http://www.auda.org.au/
Domain name license	A license for the use of a particular domain name.
Domain name license terms	The terms and conditions which apply to a domain license.
gTLD domain	Global Top Level Domain. A domain that ends in .com, .net, .org, .info or .biz.
New gTLD domain	New generic Top Level Domain. Any new to the market domain that the Registrar is accredited to sell.
ICANN	Internet Corporation for Assigned Names and Numbers.
Member	A person who registers with us as a member and is provided with a member ID.
Published Policies	The specifications and policies established and published by auDA from time to time at http://www.auda.org.au/
Registrar	Entity responsible for the provision of domain name licenses.
Registrar of record	Entity by which a specific domain name is licensed through.
Registration fee	Current charge in respect of a domain name license.
Registration period	The period that a domain name license lasts for.
Registry operator	The entity which issues domain name licenses and maintains their respective records.
Renewal fee	Current charge in respect of renewing a domain name license.
Registrant Transfer	The transfer of a domain name license from one registrant/member to another. We refer to this as a transfer of ownership.
Registrar Transfer	The transfer of a domain name license from one registrar to another.
Nominet	Domain name administration body for .uk domain names (Nominet UK – Company Number 3203859).
DNC	Domain Name Commission Limited.
NZRS	New Zealand Domain Name Registry Limited.

21.1 Representations by us

We do not operate any part of the domain name systems, or grant licensing for domain names. Those actions are maintained by the relevant registry(s) who are independently run beyond our control

The domain name registrar’s obligations include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
Carrying out limited functions on behalf of the registry operators
Serving as a registrar of record
Provision of online facilities for the management of domain names
Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

This document indicates the terms and conditions that are imposed by the relevant registry operators and the governing bodies to which they are associated.

For so long as the registrar remains are the registrar of record for a domain name there is a service agreement between them and its registrant on these terms and those imposed by the registry operators and their governing bodies.

21.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement;
You can only expect Services in accordance with the terms of this Agreement, and
In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.
Ensure the product is appropriate and compatible for your needs and you supply a valid and accurate domain name.

21.1.2 Terms/Representations

Please see clause 21.16.

21.2 Refunds

21.2.1 Agreement

You expressly and irrevocably agree that:

It is your responsibility to ensure that Services are utilized to their full potential;
It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
We are not obliged to provide refunds or account credits for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms and our discretion, to offer you:
1. An account credit; or
2. A refund only in circumstances where a cancellation request has been filed within 48 hours and agreeable by the relevant domain name registar operator.
We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website.
You have provided us with an accurate and complete domain name that cannot be changed at a later date, therefore you must ensure the spelling and grammar are accurate and appropriate for your needs;
We cannot provide refunds or indemnify you for the cost of purchase for any domain name Service. It is sold at cost price from FEMP and cannot be a dysfunctional service;
We may choose, on your request to downgrade an account however no refund or account credit will be applied if outside the 48 hour cooling off period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 21.1 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

21.2.2 Process of claiming refund

21.3 Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

You have any outstanding invoice or account.
Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
You fail to comply with any provision in this agreement or those referenced in this agreement.
There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s rights.
We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.

Any suspension or cancellation is subject to clause 21.2.

If your account is cancelled under this agreement:

You must pay all outstanding charges to us immediately.
We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
We may immediately delete all data held prior to cancellation.
We may perform any action without notice.

21.4 Registry requirements

Each registry operator has terms and conditions, policies and requirements covering the registration, renewal, dispute resolution, and transfer of domain name licenses.

Each registry operator may impose new or amended terms and conditions, policies or requirements that take effect immediately.

Some registry requirements are set out in this service agreement, others are cross-referenced. A registry operator may have or introduce new ones.

You are responsible for familiarizing yourself with all registry requirements, whether or not they are included or referenced in this service agreement.

You apply for, and accept, registration for any domain name subject to all applicable registry requirements from time to time.

You release us from any claim arising from registry requirements or anything we do under them.

We are unable us to enforce registry requirements against third parties.

21.5 Domain name application

In order to apply for a domain name license, you must:

Complete our application form in full.
Read and agree with our service agreement.
Submit the appropriate registration fee.
Satisfy any requirements pertaining to the domain name license being applied for, and any other requirements notified by us.

Submission of an application does not assure you of a domain name license, even if a preliminary check indicates domain availability.

Your application’s success is fulfilled only if:

Full registration fee has been paid and all cheques honoured by your bank and confirmed by our accounts department.
Your application complies with the association requirements and policies of the applicable registry operator.
The applicable registry operator approves your application and permits the issue of domain name license.
We have notified you in writing of the final approval of your application.

You acknowledge that the registry operator reserves the right to reject registrations at any time. You may not assume the success of your application nor take any steps or outlay any further investment on the assumption that your application was successful. In any event, we shall not be responsible for any losses and damages that you may have suffered in reliance of your belief that your application would be successful.

21.6 Domain name licensing

The issue of a domain name license entitles you to status of licensee for the domain name. A domain name is not an item of property and has no ‘owner’. It is classed as an entry on the database of the registry operator.

The terms application, registration, activation, transfer of (and so on) a domain name merely reflect the application, registration, activation, transfer of (and so on) a domain name license.

A domain name license is subject to its license terms. It may not be used in breach of those license terms, many of which are registry operator (and their relating bodies) requirements, beyond our control.

Ownership of all copyright and database rights is kept by the registry operator.

You should not rely on the continued provision of a domain name license as evidence of a grant or renewed grant of permission to the use of the same. It is your responsibility to ensure a domain name license is within bounds of registry operator (and their relating bodies) requirements. You hold full responsibility for the renewal of domain name licenses.

21.7 Domain name registration period

A domain name license has a fixed period once activated.

Some domain name licenses have a choice of periods, some are fixed. Our application form will indicate the periods available for application. The domain name license period (pending its approval) will be that applied for.

21.8 Registration renewal

You may renew your domain name license in accordance with these terms and those of the relevant registry operator.

You are solely responsible for renewing your domain name license. If you fail to do so prior to the end of previous license term your domain may become available for registration by third parties.

You release us from any potential claim arising from your failure to renew a domain name license.

We may elect to send notification of pending renewal as a courtesy, however:

You irrevocably agree that you will have no claim against us if we do not provide notification, or if notification does not reach you. It is your sole responsibility to ensure your electronic contact method is correct, active and fully functional.

We will make an effort to advise the registrant of the need to renew a domain name, preferably at least 30 days prior to expiry, by at least:

sending an email to the registrant’s email address.

You are not obliged to renew your domain name license, nor pay any fees associated, unless you choose to do so.

If you choose to renew your domain name license you shall:

Agree to any fees required as directed.
Agree to the latest service agreement as well as any related policies or requirements listed by the relevant registry operator.
Indicate the period for renewal from the available renewal periods as specified by us.

A renewal is only successful if:

The renewal fee has been paid and honoured.
Your renewal complies with the services agreement, polices and requirements of us and the relevant registry operator.
The relevant registry operator approves the renewal request.
We have notified you in writing that your application for renewal has been approved.

The period of your renewed domain name license is taken to commence from the date of expiry of your previous license.

21.9 Registration transfer

You are able, at various times to process a change of your domain name license. These times are strictly limited to those mentioned within this document which includes the policies and requirements of the relevant domain registry(s).

21.10 Registrant transfer

A registrant transfer transfers ownership of a domain name license from one registrant to another. A registrant transfer consists of a transferor (old registrant) and a transferee (new registrant).

In order to successfully complete registrant transfer you must:

Provide to us a complete Domain Transfer of Ownership form, as available on our website. The information on this form must be correct, valid and satisfy the requirements set out by the related registry operator.
Ensure that the transferor pays any outstanding fees owing to us.
Pay any specified fee’s relating to the process of a registrant change.
Supply satisfactory documentation identifying both the transferor and transferee.
Ensure that the Transferee, in accordance with the Domain Transfer of Ownership form acknowledges the entry of this service agreement, our policies, and any requirements/policies of the related registry operator.

The transferor releases us from any claims arising under or in relation to this agreement, their domain name license or its transfer as soon as the transfer is affected.

21.11 Registrar transfer in

You are able (subject to policy of the relevant registry operator) apply for the transfer of a domain name license from another domain registrar (company) to ours. A registrar transfer to us is treated as an application for registration in that all clauses in this document are equally applicable. By applying for registrar transfer you agree with this service agreement and any policies as listed by us or the relevant registry operator.

21.12 Registrar transfer out

As you are able to process a registrar transfer to us, you are also able to apply for a registrar transfer to another company. A transfer out is governed by the clauses of this document with reference to the specific section which pertains to the domain name which you are applying to transfer (.e.g. .com, .au, etc).

21.13 Privacy & WHOIS Service

When a domain name license is registered, certain information is collected for use on the WHOIS service. The WHOIS service allows internet users to query a domain name to find out the identity and contact details of the registrant. The public WHOIS service is a standard feature of domain name systems around the world and is subject to the relevant registry operator’s policies and requirements.

For .au domain registrations please see auDA’s WHOIS policy at http://www.auda.org.au/policies/index-of-published-policies/2014/2014-07/

All Private Registration applications are subject to relevant policies and requirements of the Private Registry Authority and based on your agreement to such policy. By applying and making use of Services provided either directly or through a third party of Private Registry Authority, you understand and agree to all policies, both provided and referred by Private Registry Authority.

21.14 Domain name cancellation

If your domain name license is cancelled for any reason, under these terms or registry operator requirement; a third party may register the domain name instead of you and you release us from any claim arising from the cancellation.

21.15 Back Order Service

The Back Order service is supplied with the intention to monitor your back ordered domain name, and register the back ordered domain name on your behalf upon it becoming available through the respective registry. The domain will only become available if it is no longer registered – either because the previous registration has expired without renewal, or the domain name was deleted. All Back Order applications are subject to the full terms and conditions contained within this document.

You acknowledge that notwithstanding any term or representation to the contrary, the Back Order service cannot be supplied in relation to domain names which are identified as unsuitable by any applicable Registry or Registrar (such as Premium Domain names which are exempt from the Back Order service). If a Back Order application is processed in relation to any domain name which is subsequently identified as unsuitable by any applicable Registry or Registrar for whatsoever reason, you irrevocably agree that such processed application may be deleted and refunded.

Placing a Back Order does not in any way guarantee that the specified domain name will be registered to you at any time. We will make every effort to secure domain registration, subject to these terms (or the terms contained within this entire document). It is possible that the specified domain name will never become available for registration. This means that your Back Order may never be successful, no matter how long you retain the Back Order.

Upon application, the specified domain name will enter our Back Order system. Back Orders will be placed on a first come, first serve basis. Other clients of ours may place Back Orders for the same domain name. The first application will be treated with 100% priority. We may, or may not disclose that there is an existing Back Order for the specified domain name.

Cancellation – A Back Order can be cancelled at any time however no refund or account credit for funds paid, either in full or pro rata shall be given where the service supplied to you is functioning.

By placing a Back Order application you agree to:

Indemnify and refrain from holding us responsible or liable in any way whatsoever if we are unable to register your Back Order application and specified domain name; and
Abide by all terms, conditions, process and policies described within our full Service Agreement

Your Back Order is only valid for the period which commences from the date that your Back Order request is accepted by us and terminates on the expiration date of your Back Order service. It is entirely your responsibility to ensure the renewal of your Back Order service. Failing to renew your Back Order service prior to the expiration date may forego any priority for a domain name Back Order in the situation where several Back Order applications have been made for the same domain name.

21.16 Domain Pre-Registration

The Domain Pre-Registration service is available to register your intent to register a domain name. The domain will only become available once the TLD is available from FEMP. We do not guarantee registration of your domain name at any stage of the pre-registration. Once the TLD becomes available from FEMP you will be contacted via email regarding pricing and registration terms.

Once you domain is available for registration, registrations will be placed on a first come, first serve basis. Other clients of ours may place pre-registrations for the same domain name. The first application will be treated with 100% priority. We may, or may not disclose that there is an existing pre-registration for the specified domain name.

You understand other companies may have the same domain name on backorder in which case the domain may be taken. You understand we will try and get this domain name but there is no guarantee the domain will be available.

You understand we cannot guarantee if and when your domain will become available. Once the TLD becomes available in the future we will notify you via email.

Upon pre-registering a domain name you agree to comply with all of the associated registry rules and conditions once your domain is purchased.

Cancellation – A pre-registration can be cancelled at any time. Pre-registration is a free service so no refunds or account credit will be issued.

21.17 Releases and indemnities

This clause is in addition to any other release or indemnity that you give us under this agreement and any of the relevant registry operators’ policies and agreements.

You indemnify us against any dispute between you and any third party with respect to any service offered by us.

You must indemnify, defend and hold us harmless in relation to all disputes on any domain name, its registry operator (e.g. AusRegistry for .au domains, Verisign Inc for .com domains)

You must indemnify, defend and hold all of our directors, officers, employees, agents and affiliates from and against any/all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relation to the provision and use of our services

Each indemnity and release given to us or any other party under this agreement survives the termination or expiration of any service agreement.

21.17.1 Limitation on liabilities

This agreement does not exclude some laws. Such laws may provide rights and remedies that cannot be changed or excluded by this agreement;

We exclude all implied conditions and warranties, except any implied conditions and warranties, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this Agreement to be void (“Non-excludable Condition”).
The liability of us to you for breach of any express provision of this Agreement or any Non-excludable Condition is limited, at the option of us, in respect to providing any amount of account credit, refunding the price of the services in respect of which the breach occurred or to providing those services again (except for services of a kind ordinarily acquired for personal domestic or household use or consumption, in respect of which the liability of us is not limited under this Agreement).
We are not liable for any failure to perform, or delay in performing, its obligations under this Agreement due to anything beyond its reasonable control. If that failure or delay exceeds 48 hours, you may terminate this Agreement with immediate effect by notice in writing to us.
You shall not hold us liable for any loss of privacy, provision of inaccurate information of advice, or damage to your computer systems or files, which may at any time result from your use of the Services. You understand that the email can be read in transit.
You accept sole legal responsibility for any messages, file, data or other form of communication which you may from time to time add to or transmit via the Services or receive in any manner whatsoever, and absolve us from any such legal responsibility in this regard.

You understand and agree that opinions, advice, services and all other information expressed on the Internet are those of the provider and not of us. We exercise no control whatsoever over the content of the information passing through the Services.

21.17.2 Registrant Authority

We may act on instructions or requests from a person who to us appears to be the registrant or person acting under authority of the registrant, without being under any obligation to do so having lodged notice of dispute as to the authority of that person.

You release use from any claim arising from action affected with relation to this clause.

21.18 General terms for domain names

21.18.1 Registry requirements

Each registry operator has terms and conditions, policies and requirements covering the registration, renewal, dispute resolution, and transfer of domain name licenses.

Each registry operator may impose new or amended terms and conditions, policies or requirements that take effect immediately.

Some registry requirements are set out in this service agreement, others are cross-referenced. A registry operator may have or introduce new ones.

You are responsible for familiarizing yourself with all registry requirements, whether or not they are included or referenced in this service agreement.

You apply for, and accept, registration for any domain name subject to all applicable registry requirements from time to time.

You release us from any claim arising from registry requirements or anything we do under them.

We are unable us to enforce registry requirements against third parties.

21.18.2 Domain name licensing

The terms application, registration, activation, transfer of (and so on) a domain name merely reflect the application, registration, activation, transfer of (and so on) a domain name license.

Ownership of all copyright and database rights is kept by the registry operator.

21.18.3 Domain name application

In order to apply for a domain name license, you must:

Complete our application form in full.
Read and agree with our service agreement.
Submit the appropriate registration fee.
Satisfy any requirements pertaining to the domain name license being applied for, and any other requirements notified by us.

Submission of an application does not assure you of a domain name license, even if a preliminary check indicates domain availability.

Your application’s success is fulfilled only if:

Full registration fee has been paid and all cheques honoured by your bank and confirmed by our accounts department.
Your application complies with the association requirements and policies of the applicable registry operator.
The applicable registry operator approves your application and permits the issue of domain name license.
We have notified you in writing of the final approval of your application.

You acknowledge that the registry operator reserves the right to reject registrations at any time. You may not assume the success of your application nor take any steps or outlay any further investment on the assumption that your application was successful. In any event, We shall not be responsible for any losses and damages that you may have suffered in reliance of your belief that your application would be successful.

21.18.4 Domain name registration period

A domain name license has a fixed period once activated.

21.18.5 Registration renewal

You may renew your domain name license in accordance with these terms and those of the relevant registry operator.

You are solely responsible for renewing your domain name license. If you fail to do so prior to the end of previous license term your domain may become available for registration by third parties.

You release us from any potential claim arising from your failure to renew a domain name license.

We may elect to send notification of pending renewal as a courtesy, however:

We are never obliged to do so.
You have no claim against us if we do not provide notification, or if notification does not reach you. It is your sole responsibility to ensure your electronic contact method is correct, active and fully functional.

You are not obliged to renew your domain name license, nor pay any fees associated, unless you choose to do so.

If you choose to renew your domain name license you shall:

Agree to any fees required as directed.
Agree to the latest service agreement as well as any related policies or requirements listed by the relevant registry operator.
Indicate the period for renewal from the available renewal periods as specified by us.

A renewal is only successful if:

The renewal fee has been paid and honoured.
Your renewal complies with the services agreement, polices and requirements of us and the relevant registry operator.
The relevant registry operator approves the renewal request.
We have notified you in writing that your application for renewal has been approved.

The period of your renewed domain name license is taken to commence from the date of expiry of your previous license.

21.18.6 Registration transfer

21.18.8 Registrant transfer

A registrant transfer transfers ownership of a domain name license from one registrant to another. A registrant transfer consists of a transferor (old registrant) and a transferee (new registrant).

In order to successfully complete registrant transfer you must:

Provide to us a complete Domain Transfer of Ownership form, as available on our website. The information on this form must be correct, valid and satisfy the requirements set out by the related registry operator.
Ensure that the transferor pays any outstanding fees owing to us.
Pay any specified fee’s relating to the process of a registrant change.
Supply satisfactory documentation identifying both the transferor and transferee.
Ensure that the Transferee, in accordance with the Domain Transfer of Ownership form acknowledges the entry of this service agreement, our policies, and any requirements/policies of the related registry operator.

The transferor releases us from any claims arising under or in relation to this agreement, their domain name license or its transfer as soon as the transfer is affected.

21.18.9 Registrar transfer in

21.18.10 Registrar transfer out

21.18.11 Domain redemption

Upon expiry of a domain name, the registrant is able to renew the domain within 30 days of expiry, stopping it from deleting any DNS records. In the event the domain name is not renewed within 30 days, the domain may be stored for a Redemption period by the domain name registry. A registry may store a domain name for a 30 day Redemption period. In order to recover a domain name during the Redemption period, registrants must apply to FEMP to have the domain name reinstated at least 7 days prior to the end of the Redemption period. Upon expiry of the Redemption period domain names enter a PENDINGDELETE phase for 5 days where they cannot be recovered by registrants or registrars. The domain name is then deleted and made available for re-registration. Application to renew a domain name during the Redemption period incurs a fee (Currently $140 USD) which is collected by FEMP on behalf of the registry. This fee includes the first year renewal of the domain name. Some registries do not have a Redemption period. To enquire whether a Redemption period applies contact FEMP.

For more information on the lifecycle of a domain name, see http://www.icann.org/en/resources/registrars/gtld-lifecycle

21.19 gTLD Specific terms

The following clause (21.19) applies specifically to gTLDs.

FEMP does not operate any part of the domain name systems, or grant licensing for domain names. Crazy Domains FZ-LLC is the registrar for gTLD domain names. FEMP is a reseller of Crazy Domains FZ-LLC in this respect. The actions of Crazy Domains FZ-LLC are independently run beyond our control.

Crazy Domains FZ-LLC’s obligations as registrar include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
Carrying out limited functions on behalf of the registry operators
Serving as a registrar of record
Provision of online facilities for the management of domain names
Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.19.1 gTLD Name license registration

All gTLD license applications are subject to the relevant polices and requirements of both Verisign Inc and ICANN and based on your agreement to such documents.

21.19.2 gTLD License registrar transfer

Registrar transfer of a gTLD domain name license are subject to the following:

You may not effect a registrar transfer within 60 days of license registration.
You may not effect a registrar transfer within 60 days of previous registrar transfer.
The published policies as provided by the ICANN.

It is a process requirement that you provide an ‘authinfo’ code in order to effect a registrar transfer. Upon your request a domain’s authinfo code will be provided within 5 days of receipt of such request. Provision of such code does not imply approval for transfer. We reserve the right to deny application for a transfer out for any of the following reasons:

Evidence of fraud.
UDRP action or any other dispute.
Court order by a court of competent jurisdiction.
Non payment for previous.
If the domain is in ‘lock status’ on application for transfer.
The domain name license is expired.
Any other reason which we deem sufficient.

We reserve the right to place a ‘lock’ on the domain name license which may result in denial of registrar transfer. We must receive a request from the registrant or authorised party (subject to satisfactory identification requirements) to unlock the domain name license.

21.19.3 gTLD License dispute resolution policy

All gTLD disputes are subject to ICANNs published DRP Policy, you acknowledge that provision of a domain name license is subject to this and any other published policy.

You must:

Comply with the published policy with regards to any dispute.
Release use of any claim that may arise from actions undertaken by us or the registry operator in accordance with the published policy.

21.19.4 gTLD ICANN Registrant Educational Information

ICANN has developed and shall maintain a portal which provides Educational Information to gTLD domain registrants in a clear and informative format. It is recommended that you read and study this information so that you can maintain a firm understanding of your interaction with gTLD domain names. ICANN’s Registrant Educational Information can be accessed here – http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm

21.20 .mobi Specific Terms

You acknowledge and agree that the Registry Operator must comply with the requirements, standards, policies, procedures and practices set forth in the .mobi Style Guide (“Style Guide”) available at http://www.mtld.mobi and consent to the monitoring of the website as described in the .mobi Style Guide monitoring guidelines available at http://www.mtld.mobi for compliance with the Style Guide. Furthermore, You acknowledge and agree that this Style Guide is subject to modification by the Registry Operator with any such changes appearing at the previously designated URL, and that You must promptly comply with any such changes in the time allotted.

Acknowledge that if the domain name being registered is a dotMobi Premium Name, as such are listed at http://www.dotmobi.mobi/content/premium-names, then use of the domain is also subject to the terms and conditions of the dotMobi Premium Name Agreement (formerly known as the dotMobi Auction Agreement) posted at http://www.dotmobi.mobi/content/compliance, which is incorporated by reference herein.

FEMP does not operate any part of the domain name systems, or grant licensing for domain names. Crazy Domains FZ-LLC is the registrar for .mobi domain names. FEMP is a reseller of Crazy Domains FZ-LLC in this respect. The actions of Crazy Domains FZ-LLC are independently run beyond our control.

Crazy Domains FZ-LLC’s obligations as registrar include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
Carrying out limited functions on behalf of the registry operators
Serving as a registrar of record
Provision of online facilities for the management of domain names
Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.21 .au Specific terms

The following clause (21.21) applies specifically to .au domain names.

.au domain names are governed by auDA. The following policies and procedures apply to all .au domain name registrations. Further information can be found on auDA’s website

In this clause, auDA Published Policies means those specifications and policies established and published by auDA from time to time at http://www.auda.org.au.

We do not operate any part of the domain name systems, or grant licensing for domain names. Those actions are maintained by Web Address Registration Pty Ltd who is independently run beyond our control. FEMP is a reseller of Web Address Registration Pty Ltd domain names.

Web Address Registration Pty Ltd’s obligations as registrar include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
Carrying out limited functions on behalf of the registry operators
Serving as a registrar of record
Provision of online facilities for the management of domain names
Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.21.1 .au Domain name license registration

Your application for a Domain Name must be in the form prescribed under the Published Policies. The Domain Name must comply with the Published Policies.

You accept that even if we have accepted and approved your Domain Name application, the application may still be rejected by the Registry Operator in performing its final integrity checks.

You accept that neither you, nor we, have any proprietary right arising from the registered Domain Name, or the entry of a Domain Name in the domain names registry.

All personal information pertaining to you are held by auDA for the benefit of the Australian public.

21.21.2 .au Domain name license

Your Domain Name license will be effective for a two year period, once:

Your application is accepted and approved by us and by the Registry Operator.
You have paid the applicable fees.
Unless it is cancelled earlier under the terms of this document or under any Published Policies.

Your Domain Name license may be renewed every two years, as long as you:

Pay the applicable renewal fees.
Continue to meet the eligibility criteria prescribed in the Published Policies.

You accept that it is your responsibility to ensure that your Domain Name license is renewed.

You may cancel your Domain Name license at any time by notifying us in writing.

We may cancel your Domain Name license if you breach any provision of this document. We reserve the right to hold payment and deny refund or account credit.

21.21.3 Your statement to us and auDA

You confirm and state to us, Web Address Registration Pty Ltd and to auDA separately that:

All the information set out in your Domain Name application, and all information you give us, are true, complete and correct, and are not misleading or deceptive, and your application is made in good faith.
You meet, and continue to meet, for the duration of the Domain Name license, the eligibility criteria prescribed in the Published Policies for registering the Domain Name.
You have not previously submitted an application for registration with another registrar, a domain name which is the same as the Domain Name, in circumstances where:

You are relying upon the same eligibility criteria for both domain names.
The Domain Name has previously been rejected by the other registrar

Your registration or use of the Domain Name does not infringe any person’s legal rights.
You are aware that even if the Domain Name is accepted for registration, your entitlement to register the Domain Name may still be challenged by others who claim to have an entitlement to the Domain Name.

You accept that if any of the above statements is found to be untrue, incomplete, incorrect or misleading, then either we, Web Address Registration Pty Ltd or auDA may cancel your Domain Name license.

You agree to indemnify us, Web Address Registration Pty Ltd and auDA separately for any loss or damage suffered by us, Web Address Registration Pty Ltd or auDA as a result of any of us relying upon your above statements.

21.21.4 Our obligations to you

Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.

We will give you immediate notice if:

Web Address Registration Pty Ltd is no longer an accredited registrar.
Web Address Registration Pty Ltd’s auDA Accreditation is suspended or terminated.
Web Address Registration Pty Ltd’s registrar agreement with auDA is terminated by auDA.

auDA may post notice of:

The fact that Web Address Registration Pty Ltd are no longer an accredited registrar.
The suspension or termination of Web Address Registration Pty Ltd’s auDA Accreditation.
The termination of Web Address Registration Pty Ltd’s registrar agreement with auDA.

On its web site, and may, if it considers appropriate, give such notice to you directly.

21.21.5 Your obligations to us

You must comply with the Published Policies, as if they were incorporated into, and form part of, this document. In the event of any inconsistency between any Published Policy and this document, then the Published Policy will prevail to the extent of any such inconsistencies between this Agreement and the Published Policy.

You acknowledge that under the Published Policy:

There are mandatory terms and conditions that apply to all domain names licenses, and such terms and conditions are incorporated into, and form part of, this document.
You are bound by, and must submit to, the .au Dispute Resolution Policy (auDRP).
auDA may delete or cancel the registration of a .au domain name.

Throughout the period of your Domain Name license, you must give notice to the Registry Operator (through us) of any change to any information which you have given us.

21.21.6 Use of your information

You give to:

auDA, the right to publicly disclose to third parties, all information relation to the registered Domain Name in accordance with the Published Policies.
Us and Web Address Registration Pty Ltd the right to disclose to the Registry Operator, all information which are reasonably required by the Registry Operator in order to register the Domain Name in the domain names registry.
The Registry Operator, the right to publicly disclose to third parties, all information relation to the registered Domain Name to enable the Registry Operator to maintain a public WHOIS service, provided that such disclosure is consistent with the National Privacy Principles, and the Published Policies.

21.21.7 Dispute resolution

auDA has in place a dispute resolution called the auDRP (which stands for .au Dispute Resolution Policy), which applies in the event of a dispute between a registrar and a domain name license holder, or between a domain name license holder and a third party, in relation to entitlements to domain names.

The auDRP binds you and us severally as if it were incorporated in this document.

You accept that:

auDA may develop and implement other dispute resolution policies which are accessible by you as an alternative and further to any complaints handling procedure adopted by us.
Such policies bind you and us severally as if they were incorporated in this document.

To make a complaint or find more information about dispute resolution with auDA you can visit this link: http://auda.zendesk.com

21.21.8 .au Domain name license registrar transfer

We will ensure that you can easily transfer your Domain Name registration to another registrar in accordance with the Published Policies. The Published Policies will address such matters as:

The maximum fees which we can charge you for such transfer.
When we are not allowed to charge you fees.
The conditions under which we must transfer the registered Domain Name.
The conditions under which we are entitled not to transfer the registered the Domain Name.

If:

Web Address Registration Pty Ltd is no longer an accredited registrar.
Web Address Registration Pty Ltd’s auDA Accreditation is suspended or terminated.
Web Address Registration Pty Ltd’s registrar agreement with auDA is terminated by auDA.

Then we will transfer the registered Domain Name to a new registrar in accordance with the Published Policies within 30 days of a written notice being provided to you by auDA.

If Web Address Registration Pty Ltd’s registrar agreement with auDA is terminated, we will not charge you any fee for the transfer of the registered Domain Name to another registrar.

21.21.9 Limitation of liabilities

You cannot pursue any claim against auDA or against us, and to the fullest extent permitted by law, neither auDA nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind, including but not limited to losses or damages resulting from loss of use, lost profits, loss or corruption of data, business interruption, lost business revenue or third parties damages, arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA or us, or any of auDA’s or our employees, agents or contractors, including but not limited to any breach by us of our obligations under this document, or under Web Address Registration Pty Ltd’s registrar agreement with auDA.

You agree to indemnity, keep indemnified and hold auDA and us, and auDA’s and our employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, your registration or use of the Domain Name.

You accept and agree that if we have any outstanding fees owing to auDA, which gives auDA a right to terminate Web Address Registration Pty Ltd’s registrar agreement with auDA, then auDA may in its sole discretion terminate the registrar agreement with Web Address Registration Pty Ltd.

You accept and agree that neither auDA nor we are responsible for the use of any Domain Name in the domain names registry, and that auDA is not responsible for any conflict or dispute with any actual or threatened claim against a registrar or a domain name license holder, including one relating to registered or unregistered trademark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.

Despite any other provision of this document, and to the fullest extent permitted by law, neither auDA nor we are liable to you for consequential, indirect or special losses or damages of any kind (including without limitation, loss of profit, loss or corruption of data, business interruption or indirect loss) suffered by you as a result of any act or omission whatsoever of auDA or us, and our respective employees, agents, or sub-contractors.

Nothing in this document is to be read as excluding, restricting or modifying the operation of Trade Practices Act 1974, or the application of any legislation which by law cannot be excluded, restricted or modified.

21.21.10 Our agency

We enter into this document as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of the rights and covenants conferred to it under this document. auDA is an intended third party beneficiary of this document.

21.21.11 General

In this document:

A reference to this or other document includes the document as varied or replaced regardless of any change in the identity of the parties.
A reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form.
Headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this document.
Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.

All previous agreements, statements, explanations and commitments, expressed or implied, affecting the subject matter of this document are superseded by this document and have no effect.

If a provision in this document is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary, or severed if necessary, to ensure that it is not illegal, invalid, void, voidable or unenforceable.

This document is governed by and is to be construed in accordance with the laws of Victoria, Australia. The Agreement between the Registrar and auDA (also binding the Reseller) is governed by and is to be construed in accordance with the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia and waives any right to object to proceedings being brought in those courts.

21.22 .nz Specific terms

The following clause (21.22) applies specifically to .nz domain names. In the event of any inconsistency between the specific .nz policies in this Agreement and any other general terms provided in the Standard Policies and Agreements, the specific .nz policies of this Agreement shall prevail in respect of such inconsistency

21.22.1 .nz Domain name license registration

When a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:

That the following information becomes available to any member of the public:

Your name,
Your contact details and
The domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name.

The domain name is registered in your name only because no other person has it according to the records of the register; and
Neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the “who is” database shall not be taken as evidence of anything other than such registration; and
That you protect us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.

FEMP do not operate any part of the domain name systems, or grant licensing for domain names. Crazy Domains FZ-LLC is the registrar for .nz domain names. FEMP is a reseller of Crazy Domains FZ-LLC in this respect. The actions of Crazy Domains FZ-LLC are independently run beyond our control.

Crazy Domains FZ-LLC ‘s obligations as registrar include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
Carrying out limited functions on behalf of the registry operators
Serving as a registrar of record
Provision of online facilities for the management of domain names
Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.22.2 .nz Domain name license registrar transfer

Registrar transfer of a .nz domain name license are subject to the following:

You may not effect a registrar transfer within 5 calendar days of license registration.
The published policies as provided by the DNC.

It is a process requirement that you provide an ‘UDAI’ code in order to effect a registrar transfer. Upon your request a domain’s UDAI code will be provided within 5 days of receipt of such request. Provision of such code does not imply approval for transfer.

21.22.3 Our obligations

We agree that we will:

Comply with all .nz policies and accurately represent these to you;
Disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;
Comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);
Process any new .nz domain name registrations with the registry within 24 hours from the time we receive all the information required to complete a registration if it is within our advertised business hours or within 48 hours outside of advertised business hours;
Notify you of the registration of your domain name(s), including the details of: the domain name, your contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;
Arrange for correction of any error in the information in the register about any domain name registered to you when requested;
Provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;
Use your personal information only as authorised by you;
Take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
Comply with any order of any authority having jurisdiction regarding any domain name registered to you;
Use our best endeavours to deal with any complaints you may have about the services we provide for you.

21.22.4 Your obligations to us and DNC

You agree that you will:

Comply with the .nz policies. You agree that you have read and understood the current policies;
Make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement;
Keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;
Satisfy yourself that your use of a domain name will not infringe anybody’s intellectual property rights and protect us, and everybody we are in any business relationship with to provide services to you, from any such claim;
Ensure that you only use our services for a lawful purpose;
Ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
Ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
Protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you, and
Make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.

21.22.5 Register is the record

For all purposes the details shown in the register shall be treated as correct and the authoritative record.

21.22.6 Payment of fees

You agree to pay for the services we provide to you.

If you transfer a domain name registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.

We may alter our fees from time to time. When we alter them we will send you notice of the alteration 30 days before the new fee takes effect.

Our usual fees are for domain name license registration and renewal. We may also charge for any other services provided by us. We will tell you before any additional charge is incurred.

Our prices are stated in the currency indicated and include all applicable taxes.

21.22.7 Suspension and refusal to supply services

If you do not pay our charges for a domain name registered to you we may:

Cancel registration of that domain name; or
Refuse to provide a service you request.

21.22.8 Cancellation of a domain name

If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you fourteen (14) days notice before we initiate action to cancel that domain name.

21.22.9 Exclusion of liability

We exclude all liability, (including without limitation, any liability for direct, indirect or consequential loss or damage that may arise from any breach or failure by us to perform its obligations under this agreement or any negligent acts of us) we may have to you for any claim except where we have acted in bad faith.

This exclusion also applies for the benefit of:

InternetNZ, the registry and any other entity we are in any business relationship with;
Every officer, employee, contractor, agent of us;
Anyone else we get to perform our duties under any agreement you have with us.

None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.

This exclusion applies whatever you are claiming for and in whatever way liability might arise.

This exclusion does not prevent you getting a court order requiring us to do anything that we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.

21.22.10 Limitation of liability

We have excluded all other liability we or any of the persons specified in clause 20.22.9 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 21.21.9 then this clause applies.

Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the Services we provide for you (together) is the amount of the last month’s fee paid by you under this Agreement.

21.22.11 Law and jurisdiction applying to this agreement

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until this Agreement is cancelled except to the extent clause 20.22.15 says otherwise.

To the extent legally permitted:

All our services are provided under New Zealand law.
Any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you.
Except as otherwise stated, you may take action against us only in a New Zealand court.
Where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.

21.22.12 Cancelling the agreement

We may cancel or suspend this Agreement by giving you one months notice if you do not meet your duties to us.

We may end the agreement for any other reason by giving you one month’s notice.

21.22.13 More than one person

You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourself that you have permitted those persons to act for you.

21.22.14 Each clause separately binding

Each clause of the agreement you have with us is separately binding.

If for any reason we, you, or any of the persons specified in clause 8 cannot rely on any clause, all other clauses of it are binding.

21.22.15 Rights and responsibilities that continue

The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under this Agreement, and this clause 21.22.15.

21.23 .uk Specific terms

The following clause (21.23) applies specifically to .uk domain names.

21.23.1 .uk Domain name license registration

All .uk license applications are subject to the relevant polices and requirements Nominet and based on your agreement to such documents. By applying for registration of a .uk domain name license you agree to enter a separate contract with Nominet.

Primary policies of note with relation to .uk registration:

Terms – http://www.nic.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration
Rules – http://www.nic.uk/uk-domain-names/registering-uk-domain/choosing-domain-name/rules
DRS Policy & Procedure – http://www.nic.uk/disputes/when-use-drs/policy-and-procedure

You warrant to us that you have accepted the terms, policies and agreements provided by Nominet.

You release use of any claim that may arise from actions undertaken by us or the registry operator in accordance with the published policy.

FEMP does not operate any part of the domain name systems, or grant licensing for domain names. Crazy Domains FZ-LLC is the registrar for .uk domain names. FEMP is a reseller of Crazy Domains FZ-LLC in this respect. The actions of Crazy Domains FZ-LLC are independently run beyond our control.

Crazy Domains FZ-LLC’s obligations as registrar include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
Carrying out limited functions on behalf of the registry operators
Serving as a registrar of record
Provision of online facilities for the management of domain names
Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.23.2 .uk Domain name license registrar transfer

Registrar transfer of a .uk domain name license are subject to the following:

You may not effect a registrar transfer within 60 days of license registration
You may not effect a registrar transfer within 60 days of previous registrar transfer
The published policies as provided by the Nominet

Registrar transfer for .uk domain name licenses requires changing the registrar tag of the domain name. You must allow 5 days for this process to take place. We may charge a manual tag change fee of 10 GBP.

21.23.3 .uk Domain name license renewal

You may renew your .uk domain name license in accordance with these terms and those of the Nominet.

You are solely responsible for renewing your domain name license. If you fail to do so prior to the end of previous license term your domain may become available for registration by third parties. You release us from any potential claim arising from your failure to renew a domain name license.

We will issue renewal reminder notices via the registered email address at intervals of 90, 60, 30, 15 , 10, 5, 3 and 2 days before the scheduled expiry. It is your sole responsibility to ensure your electronic contact method is correct, active and fully functional.

You are not obliged to renew your domain name license, nor pay any fees associated, unless you choose to do so.

If you choose to renew your domain name license you shall:

Agree to any fees required as directed.
Agree to the latest service agreement as well as any related policies or requirements listed by the relevant registry operator.
Indicate the period for renewal from the available renewal periods as specified by us.

A renewal is only successful if:

The renewal fee has been paid and honoured.
Your renewal complies with the services agreement, polices and requirements of us and the relevant registry operator.
The relevant registry operator approves the renewal request.
We have notified you in writing that your application for renewal has been approved.

The period of your renewed domain name license is taken to commence from the date of expiry of your previous license.

If your domain name license is not renewed prior to its expiry date, all services connected to that domain name license will cease full functionality. After expiry you will have up to 30 days in which you can renew the domain name and re-activate any services attached to it. After 30 days, the domain name license will be suspended and will enter a 60 day grace period called the Redemption Period. You may file for a Redemption of your domain name for $140 USD. This will renew and reactivate the domain name with the registry. Redemption must be filed at least 7 days ahead of the redemption period conclusion date.

21.23.4 .uk Domain name license Automatic Renewal Service Agreement

Your purchase includes an opt-in enrolment in our automatic renewal service. This keeps your domain name active by automatically charging the then-current renewal fees to your payment method on file just before they’re set to expire, with no further action on your part. We will issue notification 9 days prior to auto renewal date to the email address on file advising of the impending auto-renewal and its respective conditions and terms. You may cancel this service at any time by turning off the auto-renewal feature in your FEMP Account Manager. Click ‘Setup Auto Renewal’ and remove your domain name, product or service from the list. You may also receive a notice to the email address on file ahead of auto renewal processing. Any cancellations of auto renewal must be actioned 1 calendar day ahead of auto renewal date. By opting in, or not opting out of auto renewal, you agree to be bound by all applicable terms, conditions, policies and procedures which apply to product renewed as they are published within this document.

21.24 .info Specific Terms

The following clause (21.24) applies specifically to .info domain names.

21.24.1 .info Domain Name Licence Terms

Your application for a .info domain name license implies understanding and agreement to all policies held by us, the Registry Operator (Afilias) and ICANN.

The Registrant applies consent to the use, copying, distribution, publication, modification and other processing of Registrants personal data by the Registry Operator and its agents.

Registrant agrees to maintain up to date and correct registration information for any domain name during the entirety of its registration term. It is the registrants responsibility to ensure the domain name license is secured and that it is held should you wish to continue after expiry.

FEMP does not operate any part of the domain name systems, or grant licensing for domain names. Crazy Domains FZ-LLC is the registrar for .info domain names. FEMP is a reseller of Crazy Domains FZ-LLC in this respect. The actions of Crazy Domains FZ-LLC are independently run beyond our control.

Crazy Domains FZ-LLC’s obligations as registrar include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
Carrying out limited functions on behalf of the registry operators
Serving as a registrar of record
Provision of online facilities for the management of domain names
Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.24.2 Right to Deny

Both the Registrar and Registry Operator expressly reserve the right to deny, cancel, transfer and lock any registration it deems necessary, in their sole discretion, to protect the integrity and stability of the registry, to comply with applicable laws or governmental requirements, requests of law enforcement, to comply to any dispute resolution process or to avoid liability, civil or criminal on the part of the Registry, Registry operator, their affiliates, subsidiaries, officers, directors and employees.

21.24.3 Dispute Resolution

All .info registrations are subject to ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP). You hereby agree to proceed under this policy either as the registrant or complainant.

21.25 .org Specific Terms

The following clause (21.25) applies specifically to .org domain names.

21.25.1 Domain Name Licence Terms

Your application for a .org domain name license implies understanding and agreement to all policies held by us, the Registry Operator (Afilias) and ICANN.

You agree to indemnify, defend and hold harmless the Registry Operator, the Registrar and its subcontractors, shareholders, directors, officers, employees, agents and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registrants domain name license registration.

FEMP does not operate any part of the domain name systems, or grant licensing for domain names. Crazy Domains FZ-LLC is the registrar for .org domain names. FEMP is a reseller of Crazy Domains FZ-LLC in this respect. The actions of Crazy Domains FZ-LLC are independently run beyond our control.

Crazy Domains FZ-LLC’s obligations as registrar include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
Carrying out limited functions on behalf of the registry operators
Serving as a registrar of record
Provision of online facilities for the management of domain names
Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.26 .biz Specific Terms

The following clause (21.26) applies specifically to .biz domain names.

FEMP does not operate any part of the domain name systems, or grant licensing for domain names. Crazy Domains FZ-LLC is the registrar for .biz domain names. FEMP is a reseller of Crazy Domains FZ-LLC in this respect. The actions of Crazy Domains FZ-LLC are independently run beyond our control.

Crazy Domains FZ-LLC’s obligations as registrar include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
Carrying out limited functions on behalf of the registry operators
Serving as a registrar of record
Provision of online facilities for the management of domain names
Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.26.1 .biz Restrictions

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:

To exchange goods, services, or property of any kind;
In the ordinary course of trade or business; or
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.

21.26.2 .biz Certification

As a .biz domain name Registrant, you hereby certify to the

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: http://www.NeuStar.biz
The domain name Registrant has the authority to enter into the registration agreement; and
The registered domain name is reasonably related to the Registrant’s business or intended commercial purpose at the time of registration.

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:

To exchange goods, services, or property of any kind;
In the ordinary course of trade or business; or
To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.

For illustration purposes, the following shall not constitute a “bona fide business or commercial use” of a domain name:

Using or intending to use the domain name exclusively for personal, non-commercial purposes; or
Using or intending to use the domain name exclusively for the expression of non-commercial ideas (i.e., registering abcsucks.biz exclusively to criticize or otherwise express an opinion on the products or services of ABC company, with no other intended business or commercial purpose);

Using the domain name for the submission of unsolicited bulk e-mail, phishing, pharming or other abusive or fraudulent purposes.

21.26.3 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:

your full name, postal address, e-mail address, voice telephone number, and fax number if available;
the name of an authorized person for contact purposes in the case of a Registrant that is an organization, association, or corporation;
the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain name;
the corresponding names of those nameservers;
the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
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.

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 wilful provision of inaccurate or unreliable information, your wilful 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.

21.26.4 Dispute Resolution

If you reserved or registered a .biz domain name through the Registrar, 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:

The Uniform Domain Name Dispute Resolution Policy, currently available at https://www.icann.org/resources/pages/help/dndr/udrp-en; and
Restrictions Dispute Resolution Criteria and Rules, currently available at https://www.neustar.biz/services/domain-name-registry/restrictions-dispute-resolution-policy.

The UDRP 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. 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 UDRP processes.

21.27 .asia Specific Terms

The following clause (21.27) applies specifically to .asia domain names.

21.27.1 .asia Domain Name Licence Terms

Your application for a .asia domain name license implies understanding and agreement to all policies held by us, the Registry Operator (DotAsia) and ICANN.

The Registrant applies consent to the use, copying, distribution, publication, modification and other processing of Registrants personal data by the Registry Operator and its agents.

FEMP do not operate any part of the domain name systems, or grant licensing for domain names. Crazy Domains FZ-LLC is the registrar for .asia domain names. FEMP is a reseller of Crazy Domains FZ-LLC in this respect. The actions of Crazy Domains FZ-LLC are independently run beyond our control.

Crazy Domains FZ-LLC’s obligations as registrar include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
Carrying out limited functions on behalf of the registry operators
Serving as a registrar of record
Provision of online facilities for the management of domain names
Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.27.2 Right to Deny

21.27.3 .asia Redemption

Upon the expiry of a domain name (Domain Object), the name is not immediately purged from the registry and available for registration. The following URL describes the general lifecycle for a domain name http://www.icann.org/en/resources/registrars/gtld-lifecycle

A domain may be recovered from redemption at any time during this 30 day period. A fee will apply in which the first year of renewal is included. This fee is collected by Crazy Domains on behalf on the registry.

Should a domain not be recovered from redemption is will be struck from the registry and released.

Renewal Process:

On expiry date, CLIENTHOLD status is added to the domain, stopping it from resolving any DNS records.
Client is given 30 days past the expiry date to renew. Failure to renew will result in us cancelling the domain name from the registry, sending the domain name to REDEMPTION for 30 days. While in Redemption, the domain can be recovered (For a fee that we pay the registry).
After 30 days in REDEMPTION, the domain name enters PENDINGDELETE for 5 days (domain cannot be recovered from us at this time) before being deleted from the registry completely and being made available for re-registration. The chances of re-registering are very slim due to the domain name aftermarket/speculation on expired domains.
The domain name will be deleted from the .com registry and will enter the REDEMPTION status then PENDINGDELETE as per gTLD expiry cycle. http://www.icann.org/en/registrars/gtld-lifecycle.htm

21.28 .tel Specific Terms

The following clause (21.28) applies specifically to .tel domain names.

21.28.1 .tel Domain Name Licence Terms

Your application for a .tel domain name license implies understanding and agreement to all policies held by us, the Registry Operator (Neustar, Inc), TelNic and ICANN.

The Registrant applies consent to the use, copying, distribution, publication, modification and other processing of Registrants personal data by the Registry Operator and its agents.

FEMP does not operate any part of the domain name systems, or grant licensing for domain names. Crazy Domains FZ-LLC is the registrar for .tel domain names. FEMP is a reseller of Crazy Domains FZ-LLC in this respect. The actions of Crazy Domains FZ-LLC are independently run beyond our control.

Crazy Domains FZ-LLC’s obligations as registrar include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
Carrying out limited functions on behalf of the registry operators
Serving as a registrar of record
Provision of online facilities for the management of domain names
Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.28.2 Right to Deny

21.28.3 Dispute Resolution

All .tel registrations are subject to ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP). You hereby agree to proceed under this policy either as the registrant or complainant.

21.29 .cn Specific Terms

The following clause (21.29) applies specifically to .cn domain names.

21.29.1 .cn Domain Name Licence Terms

Your application for a .cn domain name license implies understanding and agreement to all policies held by us, the Registry Operator (Neustar, Inc) and CNNIC, particularly but not limited to:

China Internet Domain Name Regulations (currently at http://www1.cnnic.cn/PublicS/fwzxxgzcfg/201208/t20120830_35734.htm)
CNNIC Detailed Rules of Internet Domain Name Registration Administration (currently at http://www1.cnnic.cn/PublicS/fwzxxgzcfg/201208/t20120830_35735.htm)
CNNIC Domain Name Dispute Resolution Policy (currently at http://www1.cnnic.cn/IS/CNym/cnzcfg/201411/t20141117_50212.htm)
Rules for CNNIC Domain Name Dispute Resolution Policy (currently at http://www1.cnnic.cn/IS/CNym/cnzcfg/201411/t20141117_50211.htm)

.cn domain name licenses are intended for business and organisations, not for individual use. You may not use a .cn domain name license that is deemed by CNNIC to:

Be against the basic principles prescribed in the Constitution of the Peoples Republic of China (“PRC”);
Jeopardize national security, leak state secrets, intend to overturn the government, or disrupt of state integrity of the PRC;
Harm national honour and national interests of the PRC;
Instigate hostility or discrimination between different nationalities, or disrupt the national solidarity of the PRC;
Violate the PRC’s religion policies or propagate cult and feudal superstition;
Spread rumours, disturb public order or disrupt social stability of the PRC;
Spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC;
Insult, libel against others and infringe other people’s legal rights and interests in the PRC; or
Take any other action prohibited in laws, rules and administrative regulations of the PRC.

FEMP does not operate any part of the domain name systems, or grant licensing for domain names. Crazy Domains FZ-LLC is the registrar for .cn domain names. FEMP is a reseller of Crazy Domains FZ-LLC in this respect. The actions of Crazy Domains FZ-LLC are independently run beyond our control.

Crazy Domains FZ-LLC ‘s obligations as registrar include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
Carrying out limited functions on behalf of the registry operators
Serving as a registrar of record
Provision of online facilities for the management of domain names
Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.29.2 Dispute Resolution

If you reserved or registered a .cn domain name through the Registrar, 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 CNNIC and Neulevel documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement.

21.29.3 Right to Deny

21.30 .be Domain Name Licence Terms

The following clause (21.30) applies specifically to .be domain names.

FEMP does not operate any part of the domain name systems, or grant licensing for domain names. Crazy Domains FZ-LLC is the registrar for .be domain names. FEMP is a reseller of Crazy Domains FZ-LLC in this respect. The actions of Crazy Domains FZ-LLC are independently run beyond our control.

Crazy Domains FZ-LLC’s obligations as registrar include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
Carrying out limited functions on behalf of the registry operators
Serving as a registrar of record
Provision of online facilities for the management of domain names
Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.30.1 Acceptable domain names

DNS BE will not accept the following domain names for registration:

Names that are already registered (“first come, first served” -principle), names in quarantine, names that are put “out-of-support” or on hold.
Names that consist of characters other than “a-z”, “A-Z”, “0-9” and “-“, or that start or end with “-” (as recommended in RFC 1035, published on the web site of DNS BE).
Names of less than two (2) or more than sixty-three (63) characters.
Names with “-” on the third and the fourth position.

Names will be registered for the person whose application is completed first, notwithstanding earlier applications for those names that are not yet complete. An application is complete when it is received by the DNS BE computer system (not when it was sent), and when it contains all the data required by DNS BE.

The refusal to register a domain name does not create any rights (priority rights or other) for the applicant. The applicant may file a new application, in competition with anybody else, if that name later becomes available to the public.

21.30.2 Right of use

After the registrar completes the registration process and pays the registration fees, registrant is granted the exclusive right to use the domain name applied for.
The right of use is valid for one year and is renewable as far as the registration fee has been settled.
A domain name is put on hold if DNS BE is notified that legal proceedings, whether within or outside the scope of a court of law, are in progress over that name. A domain name that is on hold cannot be transferred or deleted, nor can the details of registrant be modified. Registrant can, however, still use his domain name.
DNS BE may terminate the registration if registrant breaches any of the terms and conditions of the domain name registration. In case of a breach of the terms and conditions, DNS BE can send a reminder by e-mail to both the registrar and registrant informing them that the registration will be terminated if the breach is not remedied within 14 days.
After termination of the registration for reasons outside the scope of item d) of this article, the concerned domain name shall be placed in quarantine for forty (40) days. During this period the registrar can restore the domain name to its original status at the request of registrant provided that a reactivation fee is paid. At the end of this period the concerned domain name can be made available again for registration provided that it has not been reactivated.
A domain name is labelled “out-of-support” in case the registrar contract with DNS BE is terminated and DNS BE has asked registrants to find a new registrar.

21.30.3 Fees and payment

Registrant is aware that the registrar acting on his behalf must pay the initial registration fee and the renewal fee according to the agreement between the registrar and DNS BE.
The registrar has access to the computer system of DNS BE in order to verify the status and expiration date of the domain names that he manages. The registrar is responsible for the timely information of registrant that the registration of his domain names is due to be renewed.
DNS BE is not responsible for the registrar’s non-payment of registration or renewal fees, which may result in the non-registration or cancellation of a domain name (even if registrant has paid the registrar).

21.30.4 Obligation to have a working e-mail address

Registrant must have a working e-mail address, which is inserted in the DNS BE data base. DNS BE and registrant must use this e-mail address for official communication between them, and registrant must keep the address up-to-date through his registrar. If the e-mail address is not kept up-to-date, registrant is in breach of these terms and conditions and DNS BE may terminate the registration as provided in article 3 above.

21.30.6 Agreement between domain name holder and registrar

The registration and renewal process with DNS BE can only be conducted by registrant through an authorised registrar, who is acting on behalf of registrant but for its own account. DNS BE must make available on its web site a list of the authorised registrars, and a copy of the typical agreement between DNS BE and the registrar. DNS BE is not a party to the agreement between registrant and his registrar incurs no obligation or liability from that agreement.
If a registrar is no longer an authorised registrar because the agreement with DNS BE is terminated, DNS BE must send an e-mail to registrants informing them that their domain name is put “out-of-support” and asking them to appoint another registrar within one month. If registrant does not appoint another registrar within one month, the registration agreement between DNS BE and registrant will be terminated at the end of its term with no possibility of renewal. Registrant’s domain name will remain “out-of-support” until the later of three months after DNS BE sent the notice-mail to registrant, or two months after the registration was terminated. While the domain name is “out-of-support” registrant may appoint another registrar who may send a request, including its reasons, to DNS BE to become the new registrar of registrant and restore the registration if terminated.
If a domain name holder terminates the agreement with his registrar, he must at the same time designate a new registrar who must inform DNS BE of the proposed change of registrar. After the reception of the transfer request made by the new registrar, DNS BE will inform registrant of the proposed change by e-mail. This e-mail will contain a code which will permit registrant to confirm or to reject the transfer via the website of DNS BE. Registrant must bring in his confirmation or rejection via the website of DNS BE within 7 days following the e-mail from DNS BE. If registrant does not respond within 7 days, DNS BE must send a reminder by e-mail to the new registrar informing him that the transfer will only take effect if registrant confirms the change to DNS BE by a duly undersigned fax message within 7 days following the reminder by e-mail. In absence of confirmation within 7 days, the initiated transfer will be cancelled.
When a domain name holder wants to transfer a domain name to a third party, the latter must ask his registrar to start the procedure described in item c) of this article with the exception that registrant and the third party must confirm the proposed change via the website or fax.
The successful execution of the procedures described in items c) and d) of this article means that a new registration period is started for the concerned domain names and implies payment of the original registration fee as specified in article 32.5 a). No reimbursement of fees paid for the initial registration period shall be made.

21.30.6 Privacy policy

Registrant authorises DNS BE to process personal and other data required to operate the “.be” domain name system. DNS BE shall only use these data within the framework of the management of the .be domain name zone and related services. DNS BE may only transfer these data to third parties if ordered to do so by the public authorities (local or national, judicial or administrative), upon demand of the dispute resolution entity mentioned in article 32.9 or as provided in paragraph (c) of this article. Registrant has the right to access his personal data and to arrange for it to be amended, where errors exist.
Registrant must keep DNS BE immediately informed through the registrar of any change in name, address, e-mail address, telephone and fax numbers. An omission or delay in informing DNS BE of such changes may result in the termination of the registration.
Registrant authorises DNS BE to make the following personal data accessible on its website (through the so called WHOIS-search facility) – along with some other technical data – to guarantee the transparency of the domain name system towards the public:

name, address and telephone and fax number of domain name holder;
date of registration and status of the domain name;
e-mail address of domain name holder;
language chosen for the dispute resolution set out in article 10.

Registrant also authorises DNS BE to transfer these data to third parties within the scope of domain name information or monitoring services.

In exception to the two previous paragraphs, the name, address, telephone and fax numbers of registrant will not be accessible on the website (through WHOIS search facility) nor be transferred to third parties if registrant is a private person.

Third parties that want to know the personal data of a private domain name holder and that have legitimate reasons for such a disclosure, can send a motivated request to DNS BE. DNS BE will evaluate the invoked legitimacy for the disclosure and take a decision whether or not to communicate the requested data.

21.30.7 Representations and warranties

Registrant represents and warrants that:

all statements made during the registration process and the term of the registration are complete and accurate;
registering the domain name will not infringe or otherwise violate the rights of a third party;
the domain name is not registered for an unlawful purpose;
the domain name is not used in violation of any applicable laws or regulations, such as a name that helps to discriminate on the basis of race, language, sex, religion or political view;
the domain name is not contrary to public order or morality (e.g. obscene or offensive names);

DNS BE is not liable for any damage, including direct or indirect damage, consequential damage and loss of profits, whether in contract, tort (including negligence), or otherwise, resulting from or related to the registration or use of a domain name or to the use of its software or web site, even if DNS BE has been advised of the possibility of such damage, e.g. regarding:

registration or renewal (or the default of registration or renewal) of a domain name in favour of a domain name holder or a third party due to an error concerning their identity;
termination of DNS BE’s authority to register domain names in the “.be” domain;
rights that third parties claim to domain names;
technical problems or faults;
acts or omissions of the registrars regarding the application, registration or renewal of domain names which may result in the non-registration or cancellation of a domain name.

Point iv however, does not apply when registrant is a registrant.

DNS BE will use its best efforts to provide its services according to the “best practices” standards adopted and approved in national or international context.

Registrant must indemnify DNS BE against any claim (and the resulting costs, including attorneys’ fees) originating from the use or registration of a domain name that infringes the rights of a third party.

Disputes between DNS BE and registrant must be brought before the courts of Brussels who will have exclusive jurisdiction, and must be governed and interpreted in accordance with the laws of Belgium, unless the registrant has the legal right to bring the dispute before another court or to have it governed in accordance to other law.

21.30.8 Change of terms and conditions

The rules of the domain name registration procedure are dynamic and subject to change.
If DNS BE decides to change its rules, it will make the new rules available to the public by posting them on its web site at least thirty (30) days before the new rules take effect. Each registration procedure will be handled according to the rules in effect on the date the application is complete.
As a deviation of the previous rule, DNS BE can modify the technical registration rules of article 2 without the application of the mentioned minimum delay of thirty (30) days. Such modifications will take effect from the moment of their announcement on the website of DNS BE. DNS BE can only make use of this specific procedure as far as those modifications seem justified within the national or international technical context and as far as they are intended to prevent registrations of speculative nature.
DNS BE will not personally inform domain name holders, whose domain names have been rejected in the past, that new rules apply, even if the rejected names would be allowed under the new rules.

21.30.9 Dispute resolution policy

Dispute resolution.

Registrant must submit the type of disputes set out below to alternative dispute resolution proceedings and accepts in this regard the competence of an accredited Dispute Resolution Entity. Registrant accepts that those proceedings must be conducted before one of the accredited Dispute Resolution Entities listed at the web site of DNS BE. The procedure will be conducted in the language chosen by registrant during his application. Every dispute will be governed by the dispute resolution policy applicable when the complaint is filed.

Applicable disputes.

Registrant must submit a dispute to alternative dispute resolution proceedings if a third party (a “Complainant”) asserts to the Dispute Resolution Entity, in compliance with the rules of procedure, and proves that:

registrant’s domain name is identical or confusingly similar to a trademark, a trade name, a social name or corporation name, a geographical designation, a name of origin, a designation of source, a personal name or name of a geographical entity in which the Complainant has rights; and
registrant has no rights or legitimate interests in the domain name; and
registrant’s domain name has been registered or is being used in bad faith.

The evidence of such in bad faith registration or use of a domain name can inter alia be demonstrated by the following circumstances:

circumstances indicating that the domain name was registered or acquired primarily for the purpose of selling, renting, or otherwise transferring the domain name to the Complainant who is the owner of the trademark, trade name, social name or corporation name, geographical designation, name of origin, designation of source, personal name or name of the geographical entity, or to a competitor of that Complainant, for valuable consideration in excess of the costs directly related to the domain name; or
the domain name was registered in order to prevent the owner of a trademark, a trade name, a social name or corporation name, a geographical designation, a name of origin, a designation of source, a personal name or a name of a geographical entity from reflecting this name in a corresponding domain name, provided that registrant has engaged in a pattern of such conduct; or
the domain name was registered primarily for the purpose of disrupting the business of a competitor; or
the domain name was intentionally used to attract, for commercial gain, Internet users to registrant’s web site or other on-line location, by creating a likelihood of confusion with the Complainant’s trademark, trade name, social name or corporation name, geographical designation, name of origin, designation of source, personal name or name of a geographical entity as to the source, sponsorship, affiliation, or endorsement of registrant’s web site or location or of a product or service on his web site or location.
registrant registers one or more personal names without the existence of a demonstrable link between registrant and the registered domain names.

If a complaint is filed, registrant can demonstrate his rights or legitimate interests to the domain name by the following circumstances:

prior to any notice of the dispute, registrant used the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services or made demonstrable preparations for such use; or
registrant (as an individual, business, or other organization) has been commonly known by the domain name, even if he has acquired no trademark; or
registrant is making a legitimate and non-commercial or fair use of the domain name, without intent for commercial gain to misleadingly divert registrants or to tarnish the trademark, trade name, social name or corporation name, geographical designation, name of origin, designation of source, personal name or name of the geographical entity at issue.

Rules of procedure.

The rules of procedure of the Dispute Resolution Entity state how to initiate and conduct the proceedings, which delays apply and how to appoint the Third-party Decider that will decide the dispute.

The rules of procedure also determine the fees that the Complainant must pay.

The Dispute Resolution Entity publishes the rules of procedure on its web site.

Non-intervention of DNS BE.

DNS BE does not, and will not, participate in the administration or conduct of any proceedings before a Third-party Decider. Neither DNS BE, the Dispute Resolution Entity or the Third-party Decider will be liable as a result of any fault made in the dispute resolution process, except for intentional faults.

Remedies.

The remedies available to a Complainant under any proceedings before the Third-party Decider are limited to requiring the cancellation of the domain name registration or the transfer of the domain name to the Complainant.

Notification and publication.

The Dispute Resolution Entity must publish all decisions under this dispute resolution policy on the Internet during a reasonable term. DNS BE must also be informed of these decisions. If registrant is involved in other legal procedures concerning his/her domain name, he/she must inform DNS BE of the final decision(s). DNS BE may decide to publish the decisions referred to in the present article.

Courts of competent jurisdiction.

The submission to the alternative dispute resolution procedures does not prevent either registrant or the Complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before, during or after those proceedings. If a Third-party Decider decides that the domain name registration should be cancelled or transferred, DNS BE will implement that decision 15 days after being informed of the Third-party Decider’s decision except if registrant has started the appeal procedure of the dispute resolution in due time If the appeal procedure was started in time, DNS BE will not take further action (whilst leaving the domain name on hold) until the appeal procedure has ended or has been cancelled.

Other disputes

All other disputes between registrant and any party other than DNS BE over the domain name registration that are not brought under the alternative dispute resolution procedures must be resolved through any court proceedings, arbitration or other available proceedings.

Defences.

DNS BE will not participate in any dispute between registrant and any party other than DNS BE over the registration and use of the domain name, neither in the alternative dispute resolution proceedings, nor in any other proceedings. Registrant must not name DNS BE as a party or otherwise include it in any such proceedings. If DNS BE is named as a party in any such proceedings, it reserves the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend itself.

Domain name on hold.

As soon as a request for alternative dispute resolution is properly filed with the Dispute Resolution Entity and the appropriate fee is paid, the Dispute Resolution Entity must inform DNS BE of the identity of the Complainant and the domain name involved. DNS BE must immediately put the domain name involved “on hold”, under article 32.4 of these terms and conditions. The domain name remains on hold until the end of the proceedings set out in paragraph (g).

Costs of dispute resolution.

The dispute resolution fee is payable by the Complainant. However, if the Third-party Decider concludes that the domain name registration needs to be struck out or transferred, DNS BE shall repay the total of these costs to the Complainant and reclaim the thus repaid costs from registrant. Upon DNS BE’s first request, registrant shall reimburse the repaid amounts. Registrant shall not have a right of recourse against DNS BE, the Dispute Resolution Entity, the Third-party Decider or the Complainant for the thus suffered financial loss. The potential financial loss for registrant is the risk that the latter took for the speculative registration of domain names on which third parties have rights.

The repayment provision specified in the previous paragraph does not apply to the appeal procedure of the dispute resolution. The costs of the appeal procedure are payable by the party that instituted this procedure.

The costs mentioned in this article only refer to the administrative costs of the dispute resolution as stipulated in article 10 and do not include any costs or fees for legal advice of the parties.

21.30.10 Severability clause

If one or more clauses of these terms and conditions are found to be invalid, unenforceable or illegal, the other clauses of the terms and conditions will nevertheless remain in full force. DNS BE and registrant also agree to replace the invalid, unenforceable or illegal clause with a valid, enforceable and legal clause preserving the economic aims and maintaining the spirit of the clause so replaced.

21.31 .eu Domain Name Licence Terms

The following clause (21.31) applies specifically to .eu domain names.

Your application for a .eu domain name license implies understanding and agreement to all policies held by us, the Registry Operator and related bodies, particularly but not limited to:

Eurid Terms and Conditions (currently at http://www.eurid.eu/files/docs/trm_con_EN.pdf).
Eurid Registration Policy (currently at http://www.eurid.eu/files/docs/reg_pol_EN.pdf).
Eurid Alternative Dispute Resolution Policy (currently at http://www.eurid.eu/en/eu-holders/domain-name-disputes).

Your application also implies understanding and agreement of Eurid (eurid.eu) and .EU Code of Conduct (http://www.coc.eu) policies and procedures.

FEMP does not operate any part of the domain name systems, or grant licensing for domain names. Crazy Domains FZ-LLC is the registrar for .eu domain names. FEMP is a reseller of Crazy Domains FZ-LLC in this respect. The actions of Crazy Domains FZ-LLC are independently run beyond our control.

Crazy Domains FZ-LLC’s obligations as registrar include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
Carrying out limited functions on behalf of the registry operators
Serving as a registrar of record
Provision of online facilities for the management of domain names
Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.32 .it Domain Name License Terms

The following clause (21.32) applies specifically to .it domain names.

Your application for a .it domain name license implies understanding and agreement to all policies held by us, the Registry Operator and related bodies, particularly but not limited to:

Registro.it Regulations and Guidelines, Assignment and management and dispute resolution policies (currently at http://www.nic.it/legal-issues/regulation-disputes-and-legal-guidelines).

Your application also implies explicit understanding and agreement of eligibility criteria specified in the above documentation.

FEMP does not operate any part of the domain name systems, or grant licensing for domain names. Crazy Domains FZ-LLC is the registrar for .it domain names. FEMP is a reseller of Crazy Domains FZ-LLC in this respect. The actions of Crazy Domains FZ-LLC are independently run beyond our control.

Crazy Domains FZ-LLC ‘s obligations as registrar include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
Carrying out limited functions on behalf of the registry operators
Serving as a registrar of record
Provision of online facilities for the management of domain names
Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.33 .fr Domain Name License Terms

The following clause (21.33) applies specifically to .fr domain names.

Your application for a .fr domain name license implies understanding and agreement to all policies held by us, the Registry Operator and related bodies, particularly but not limited to:

Afnic Charter, Registration Rules and Naming Charters (currently at http://www.afnic.fr/data/chartes/charter-fr-2009-03-30.pdf).
Afnic Alternative Dispute Resolution Policy (currently at http://www.afnic.fr/en/dispute-resolution/).

Your application also implies explicit understanding and agreement of eligibility criteria specified in the above documentation.

FEMP does not operate any part of the domain name systems, or grant licensing for domain names. Crazy Domains FZ-LLC is the registrar for .fr domain names. FEMP is a reseller of Crazy Domains FZ-LLC in this respect. The actions of Crazy Domains FZ-LLC are independently run beyond our control.

Crazy Domains FZ-LLC ‘s obligations as registrar include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
Carrying out limited functions on behalf of the registry operators
Serving as a registrar of record
Provision of online facilities for the management of domain names
Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.34 .ae Specific terms

The following clause (21.34) applies specifically to .ae domain names.

.ae domain names are governed by aeDA. The following policies and procedures apply to all .ae domain name registrations. Further information can be found on aeDA’s website.

The Registrar agrees and covenants to act as an agent for the .aeDA for the sole purpose, but only to the extent necessary, to enable the .aeDA to receive the benefit of rights and covenants conferred to them under this Registrant Agreement.

In this clause, aeDA Published Policies means those specifications and policies established and published by aeDA from time to time at http://www.aeda.ae.

FEMP does not operate any part of the domain name systems, or grant licensing for domain names. Crazy Domains FZ-LLC is the registrar for .ae domain names. FEMP is a reseller of Crazy Domains FZ-LLC in this respect. The actions of Crazy Domains FZ-LLC are independently run beyond our control.

Crazy Domains FZ-LLC’s obligations as registrar include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
Carrying out limited functions on behalf of the registry operators
Serving as a registrar of record
Provision of online facilities for the management of domain names
Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.34.1 .ae Domain name license registration

A Domain Name Application must be in the form prescribed under the .aeDA Policies. The Domain Name must comply with the .aeDA Policies.

The Registrar and the Registrant do not have any proprietary right arising from:

the Registered Name; or
the entry of a Domain Name in the Registry Database.

All personal information pertaining to the Registrant is held by t h e .aeDA for the benefit of the public of the UAE.

Your application for a Domain Name must be in the form prescribed under the Published Policies. The Domain Name must comply with the Published Policies.

You accept that even if we have accepted and approved your Domain Name application, the application may still be rejected by the Registry Operator in performing its final integrity checks.

You accept that neither you, nor we, have any proprietary right arising from the registered Domain Name, or the entry of a Domain Name in the domain names registry.

All personal information pertaining to you are held by aeDA for the benefit of the Australian public.

21.34.2 .ae Domain name license

Your Domain Name license will be effective for a two year period, once:

Your application is accepted and approved by us and by the Registry Operator
You have paid the applicable fees
Unless it is cancelled earlier under the terms of this document or under any Published Policies

Your Domain Name license may be renewed every two years, as long as you:

Pay the applicable renewal fees.
Continue to meet the eligibility criteria prescribed in the Published Policies.

You accept that it is your responsibility to ensure that your Domain Name license is renewed.

You may cancel your Domain Name license at any time by notifying us in writing.

We may cancel your Domain Name license if you breach any provision of this document. We reserve the right to hold payment and deny refund or account credit.

21.34.3 Your statement to us and aeDA

You confirm and state to us and to aeDA separately that:

You grants to:
- the .aeDA, the right to publicly disclose to third parties, all information relating to the Registered Names in accordance with the .aeDA Policies which are available on the .aeDA’s website;
- the Registrar, the right to disclose to the .aeDA Registry, all information which is reasonably required by the .aeDA registry in order to Register the Domain Name in the Registry; and
- the .aeDA Registry, the right to publicly disclose to third parties, all information relating to the Registered Name to enable the .aeDA Registry to maintain a public WhoIs service, provided that such disclosure is consistent with all relevant .aeDA Policies.
All the information set out in your Domain Name application, and all information you give us, are true, complete and correct, and are not misleading or deceptive, and your application is made in good faith.
You meet, and continue to meet, for the duration of the Domain Name license, the eligibility criteria prescribed in the Published Policies for registering the Domain Name.
You have not previously submitted an application for registration with another registrar, a domain name which is the same as the Domain Name, in circumstances where:

You are relying upon the same eligibility criteria for both domain names.
The Domain Name has previously been rejected by the other registrar

You accept that if any of the above statements is found to be untrue, incomplete, incorrect or misleading, then either we or aeDA may cancel your Domain Name license.
You agree to indemnify us and aeDA separately for any loss or damage suffered by us or aeDA as a result of any of us relying upon your above statements.

You accept that if any of the above statements is found to be untrue, incomplete, incorrect or misleading, then either we or aeDA may cancel your Domain Name license.

You agree to indemnify us and aeDA separately for any loss or damage suffered by us or aeDA as a result of any of us relying upon your above statements.

21.34.4 Our obligations to you

Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.

Crazy Domains FZ-LLC will give you immediate notice if:

Crazy Domains FZ-LLC is no longer an accredited registrar.
Crazy Domains FZ-LLC’s aeDA Accreditation is suspended or terminated.
Crazy Domains FZ-LLC’s Registry-Registrar Agreement with is terminated by aeDA

aeDA may post notice of:

The fact that Crazy Domains FZ-LLC is no longer an accredited registrar.
The suspension or termination of Crazy Domains FZ-LLC’s aeDA Accreditation.
The termination of Crazy Domains FZ-LLC’s Registry-Registrar Agreement with aeDA,

On its web site, and may, if it considers appropriate, give such written notice specifically to you.

21.34.5 Your obligations to us

You acknowledge that under the Published Policy:

There are mandatory terms and conditions that apply to all domain names licenses, and such terms and conditions are incorporated into, and form part of, this document
You are bound by, and must submit to, the .ae Dispute Resolution Policy (aeDRP)
aeDA may delete or cancel the registration of a .ae domain name

Throughout the period of your Domain Name license, you must:

comply with the aeDA Policies; and;
give notice to the aeDA Registry (through us), of any change to any information in the Registrant Data.

You must not, directly, indirectly, through Registation or use of its Domain Name or otherwise:

Register a Domain Name for the purpose of diverting trade from another business or web site;
Deliberately Register misspellings of another entity’s company or brand name in order to trade on the reputation of another entity’s goodwill; and
Register a Domain Name and then passively hold a Domain Name License for the purpose of preventing another Registrant from Registering it.

You must not in any way:

Transfer or purport to transfer a proprietary right in any Domain Name Registration;
Grant or purport to grant a Registered Domain Name as security; or
Encumber or purport to encumber a Domain Name Registration.

You will, immediately upon being requested to do so, enter into Domain Name License with .aeDA.

21.34.6 Use of your information

You grant to:

aeDA, the right to publicly disclose to third parties, all information relation to the registered Domain Name in accordance with the aeDA’s Published Policies available on .aeDA’s website;
us, the right to disclose to .aeDA, all information which are reasonably required by the .aeDA Registry in order to register the Domain Name in the registry
the .aeDA Registry, the right to publicly disclose to third parties, all information relation to the registered Domain Name to enable the Registry Operator to maintain a public WHOIS service, provided that such disclosure is consistent with the Published Policies.

21.34.7 Dispute resolution

aeDA has in place a dispute resolution called the aeDRP (.ae Dispute Resolution Policy) between the Registrant and a third party, in relation to entitlements to the Registered Domain Name the subject of this Agreement. The parties agree that the aeDRP binds the Registrar and the Registrant as if it we incorporated in the Registrant Agreement.

21.34.8 .ae Domain name license registrar transfer

We will ensure that you can easily transfer sponsorship of your Domain Name registration to another registrar in accordance with the Published Policies. The Published Policies will address such matters as:

The maximum fees which we can charge you for such transfer.
When we are not allowed to charge you fees.
The circumstances pursuant to which we must transfer sponsorship of the registered Domain Name.
The circumstances pursuant to which we are entitled not to transfer the sponsorship of registered the Domain Name

In the event that:

Crazy Domains FZ-LLC is no longer an accredited registrar.
Crazy Domains FZ-LCC’s aeDA Accreditation is suspended or terminated
Crazy Domains FZ-LCC’s Registry-Registrar Agreement is terminated by aeDA, you are responsible for transferring the Registered Doman Name to a new Registrar in accordance with the .aeDA Policies within 30 Calendar Dats of written notice being provided to you by .aeDA.

In the event that our Crazy Domains FZ-LCC’s Registry-Registrar Agreement with aeDA is terminated, we will not charge you any fee for the transfer of the registered Domain Name to another registrar.

21.34.9 Registrant Warranties

The Registrant Warrants that it meets, and continues to meet, the Eligibility criteria prescribed in the .aeDA Policies relating to the Registering of a Domain Name. In the event that the Registrant ceases to meet such Eligibility criteria, the Domain Name Licence may be terminated by either the Registrar or the .aeDA.

The Registrant makes the warranties set out in Registrant Warranties Policy (and any other Policy introduced in substitution, replacement or amendment to that Policy by the Registrar). The warranties include, without limitation, that all information supplied to the Registrar for the Registration of the Domain Name the subject of this Agreement is true, complete and correct. The Registrant accepts that the .aeDA or the Registrar shall cancel the Registration of the Domain Name the subject of this Agreement if any of the warranties are not true.

The Registrant Warrants that it has not previously submitted a Domain Name which is the same as the Domain Name the subject of this Agreement for Registration with another Registrar where:

The Registrant is relying upon the same Eligibility criteria for both Domain Names; and
8.3.2 the Domain Name has previously been rejected by the other Registrar.

21.34.10 Limitation of liabilities

You cannot pursue any claim against aeDA or against us, and to the fullest extent permitted by law, neither aeDA nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind, including but not limited to losses or damages resulting from loss of use, lost profits, loss or corruption of data, business interruption, lost business revenue or third parties damages, arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of aeDA or us, or any of aeDA’s or our employees, agents or contractors, including but not limited to any breach by us of our obligations under this document, or under Crazy Domains FZ-LCC’s registrar agreement with aeDA.

You agree to indemnity, keep indemnified and hold aeDA, Crazy Domains FZ-LLC and us, and aeDA’s, Crazy Domains FZ-LLC’s and our employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, your registration or use of the Domain Name.

You accept and agree that if we have any outstanding fees owing to aeDA, which gives aeDA a right to terminate our registrar agreement with aeDA, then aeDA may in its sole discretion terminate the registrar agreement.

You accept and agree that neither aeDA nor we are responsible for the use of any Domain Name in the domain names registry, and that aeDA is not responsible for any conflict or dispute with any actual or threatened claim against a registrar or a domain name license holder, including one relating to registered or unregistered trademark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.

Despite any other provision of this document, and to the fullest extent permitted by law, neither aeDA nor we are liable to you for consequential, indirect or special losses or damages of any kind (including without limitation, loss of profit, loss or corruption of data, business interruption or indirect loss) suffered by you as a result of any act or omission whatsoever of aeDA or us, and our respective employees, agents, or sub-contractors.

21.34.11 Our agency

We enter into this document as agent for aeDA for the sole purpose, but only to the extent necessary, to enable aeDA to receive the benefit of the rights and covenants conferred to it under this document. aeDA is an intended third party beneficiary of this document.

21.34.12 General

In this document:

A reference to this or other document includes the document as varied or replaced regardless of any change in the identity of the parties
A reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form
Headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this document
Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning

All previous agreements, statements, explanations and commitments, expressed or implied, affecting the subject matter of this document are superseded by this document and have no effect.

21.35 .pl Domain Name License Terms

The following clause (21.35) applies specifically to .pl domain names.

Your application for a .pl domain name license implies understanding and agreement to all policies held by us, the Registry Operator and related bodies, particularly but not limited to:

NASK, DOMAIN NAMES REGULATIONS available at http://www.dns.pl/regulamin.html (English: https://www.dns.pl/english/regulations.html).

Your application also implies explicit understanding and agreement of eligibility criteria specified in the above documentation.

FEMP does not operate any part of the domain name systems, or grant licensing for domain names. Crazy Domains FZ-LLC is the registrar for .pl domain names. FEMP is a reseller of Crazy Domains FZ-LLC in this respect. The actions of Crazy Domains FZ-LLC are independently run beyond our control.

Crazy Domains FZ-LLC’s obligations as registrar include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
Carrying out limited functions on behalf of the registry operators
Serving as a registrar of record
Provision of online facilities for the management of domain names
Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.36 .ua Domain Name License Terms

The following clause (21.36) applies specifically to .ua domain names.

Your application for a .ua domain name license implies understanding and agreement to all policies held by us, the Registry Operator and related bodies, particularly but not limited to:

Hostmaster Ltd (currently at https://hostmaster.ua/policy/?Policy_of_.UA). An English version is available here for reference purposes only (https://hostmaster.ua/policy/?Policy_of_.UA.en)

Your application also implies explicit understanding and agreement of eligibility criteria specified in the above documentation.

Crazy Domains does not operate any part of the domain name systems, or grant licensing for domain names. Crazy Domains FZ-LLC is the registrar for .pl domain names. Crazy Domains is a reseller of Crazy Domains FZ-LLC in this respect. The actions of Crazy Domains FZ-LLC are independently run beyond our control.

Crazy Domains FZ-LLC’s obligations as registrar include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
Carrying out limited functions on behalf of the registry operators
Serving as a registrar of record
Provision of online facilities for the management of domain names
Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.37 Specific Terms for New gTLDs

21.37.1 Specific Terms for New gTLDs operated by Donuts Registry.

The TLDs operated by Donuts can be found at http://www.donuts.co/tlds/

21.37.1.1 Definitions

Domain Protected Marks List (DPML):	the service that blocks certain SLDs from Registration across Donuts TLDs pursuant to the Terms and Conditions.
DPML Block:	the block preventing the registration of a SLD across all TLDs then owned and operated by the Registry.
Highly-regulated TLDs:	The following new gTLDs – .surgery, .dentist, .hospital, .medical, .doctor, .creditcard, .insurance, .bet, .bingo, .poker, .casino, .charity, .university, .attorney, .cpa, .lawyer, .corp, .gmbh, .inc, .llc, .ltd, .sarl, .fail, .gripe, .sucks, and .wtf.
Premium Name:	Domain Name designated by the Registry, in its sole discretion, for non-standard pricing.
Registry/Registry Operator:	Donuts Inc. and all their subsidiaries, collectively “Donuts”
Registry Agreement:	the Registry Agreements between Donuts an ICANN for the operation of the Donuts TLDs, as amended from time to time, and as posted on the ICANN website at http://www.icann.org/en/about/agreements/registries.
Registrar:	Crazy Domains FZ LLC
Regulated TLDs:	The following new gTLDs – .games, .juegos, .school, .schule, .toys, .eco, .care, .diet, .fitness, .health, .clinic, .dental, .healthcare, .capital, .cash, .broker, .claims, .exchange, .finance, .financial, .fund, .investments, .lease, .loans, .market, .money, .trading, .credit, .insure, .tax, mortgage, .degree, .mba, .audio, .book, .broadway, .film, .movie, .music, .software, .fashion, .video, .app, .art, .band, .cloud, .data, .design, .digital, .fan, .free, .gratis, .discount, .sale, .media, .news, .online, .pictures, .radio, .show, .theater, .tours, .accountants, .architect, .associates, .broker, .legal, .realty, .vet, .engineering, .law, .limited, .town, .city, and .reisen.
SMD File:	the file issued by the TMCH proving that the TMCH application data for one or more TMCH-eligible terms, typically a trademark, have been successfully validated and entered into the TMCH database.
SLD:	Second Level Domain – the string to the left of the dot in the domain name.
Shared Registration System (SRS):	the system of computers, networking equipment, data stores, software services and network connectivity that allows Registrars to provision objections for the purpose of applying for, registering, modifying and maintaining Registrations and allows DMPL Registrars to provision objections to apply for, register, modify and maintain DPML Blocks.
Standard Name:	lowest-prices and most common type of Domain Name made available by the Registry on a first-come, first-served basis.
Trademark Clearinghouse (TMCH):	mechanism made available for the validation and database management of rights protected terms, typically trademarks.

21.37.1.2 Policy

You agree to comply and be bound by all Registry policy, including but not limited to the Acceptable Use and Anti-Abuse Policy, IDN Policy, Reserved Names Policy, Whois Access Policy, Searchable Whois Policy, Sunrise and DPML Dispute Resolution Policy and Privacy Policy which can be located at www.donuts.co/policies.

21.37.1.3 Privacy and Personal Data

The Registry shall handle Personal Data submitted to the Registry by the Registrar in accordance with its published privacy policy located at http://www.donuts.co/policies/privacy-policy/.

The Registry may from time to time use data submitted by the Registrar for statistical analysis, provided that any such analysis will not disclose individual non-public Personal Data and such non-public Personal Data is only used for internal business purposes. The Registry will not share, sell, rent or otherwise disclose such non-public Personal Data to any third parties.

21.37.1.4 Rights Protection Mechanisms (RPMs)

The Registry and Registrar shall implement and adhere to the RPMs specified in Specification 7 of the Registry Agreement and any other RPMs ICANN develops to discourage or prevent registration of domain names that violate or abuse another party’s legal rights.

21.37.1.5 Trademark Claims Service

Registrar shall notify you of any domain name that is registered in the Trademark Clearinghouse by presenting the Trademark Claims Notice, in compliance with the RPMS.

21.37.1.6 Abuse

In accordance with the Registry’s Acceptable Use and Anti-Abuse Policy, you accept and agree that your domain name can be denied, suspended, cancelled, redirected, transferred or placed on registry lock, hold, or similar status in order to (a) prohibit you from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law (b) comply with any applicable laws, government rules or requirements, requests of law enforcement, or as needed during or following any dispute resolution process (c) comply with the terms of the Registry Agreement (d) ensure your Whois information is accurate and currant (e) avoid any liability, civil or criminal, on the part of the Registry, as well as its affiliates, subsidiaries, officers, directors, and employees and (f) correct mistakes made by the Registry or the Registrar in connection with a domain name registration.

If you are found to have repeatedly engaged in abusive registrations or practices, the Registry may (at their sole discretion), disqualify you from maintaining any current or future registrations or DPML blocks in the Registry.

21.37.1.7 Fees

You acknowledge and agree that the new gTLDs offered by the Registry are variably priced (i.e. some are Standard Names and others Premium Names)

21.37.1.8 Non-uniform Renewal Registration Pricing

You acknowledge and agree that domain names in these new gTLDs will have non-uniform renewal registration pricing such that the Fee for a domain name registration renewal may differ from other domain names in the same or other Donuts TLDs.

21.37.1.9 Domain Names

In making an application to register a domain name, you acknowledge and agree that:

the Application or registration contains true, accurate and up-to-date information, and is made in good faith, for a lawful purpose and does not infringe the rights of any third party;
you shall participate in good faith in any proceedings commenced by or against you or the Registrant as described in the Registry Policies or the registry-registrar agreement between FEMP and the Registry;
you or the Registrant accepts and will abide by the Registry Policies;

You also acknowledge and agree that the Registry shall be entitled, but not obligated, to reject an application or registration, or to delete, revoke, suspend, cancel or transfer a registration:

to enforce Registry Policies and ICANN Requirments, each as amended from time to time;
that is not accompanied by complete and accurate information, or where required information is not updated or corrected, as required by ICANN Requirements or Registry Policies;
to protect the integrity and stability of the SRS or the operation or management of the Registry;
to comply with applicable laws, regulations, policies or any holding, order, or decision by a competent court or administrative authority, or any dispute resolution service provider the Registry may retain to oversee the arbitration and mediation of disputes;
to establish, assert, or defend the legal rights of the Registry or a third party, or to avoid any actual or potential civil or criminal liability on the part of or damage to the Registry or its affiliates, subsidiaries, contracted parties, officers, directors, representatives, employees, contractors, and stockholders;
to correct mistakes made by the Registry or any Registrar in connection with a registration; or
as otherwise provided in the Terms and Conditions and the Registry-Registrar agreement between Crazy Domains and the Registry;

21.37.1.9.1 Notification

It is not the obligation of the Registry or Registrar to notify a Registrant in advance of the termination or expiration (for any reason) of a registration. The Registry shall be entitled, but not obligated, to immediately suspend or cancel any registration that is in breach of the Terms and Conditions, the Registry-Registrar agreement between Crazy Domains and the Registry, Registry Policies, or any other applicable law or regulation.

21.37.1.10 DPML Blocks

Applicants with one or more SMD Files may generally purchase directly a DPML Block across all TLDs owned and operated by the Registry. DPML Blocks are available initially for a five (5) to ten (10) year period and then may be renewed for up to a maximum DPML Block period of ten (10) years.

If you request Crazy Domains DPML Service, you agree to be bound by the terms of this Registration Agreement and the DPML Service terms and conditions found at http://www.donuts.co/dpml/dpml-overview/, including but not limited to:

Representations and Warranties;
Donut’s Rights regarding DPML Applications; and
Notifications

21.37.1.11 Reserved Domain Names

The Registry may permanently or temporarily reserve at any time from registration, including, without limitation, Domain Names:

reserved for operations and other purposes, including without limitation certain Premium Names, which the Registry may change from time to time;
Reserved or restricted to comply with ICANN Policies, including those reserved for certain third parties; or
still pending, in process, or otherwise not available, such as domain names that are still pending processing of Sunrise registration;

21.37.1.12 Sunrise

During sunrise, Applicants with one or more SMD files have exclusive access to submit Applications for Sunrise registration. Unlike registration that occur outside Sunrise, Sunrise registrations are unaffected by Domain Names whose SLDs are under DPML blocks. Sunrise registrations will override any domain names under DPML block. If more than one applicant submits an application through a Registrar for a Sunrise registration for the identical domain name, the prevailing applicant will be determined by an auction process described on the Registry website.

21.37.1.12.1 Eligible Applicants

Each applicant for a Sunrise registration must include one or more SMD files corresponding to the applied for domain name and must meet the qualifications specified by ICANN requirements and detailed in the TMCH Guidelines, as they must change from time to time.

21.37.1.12.2 Representations and Warranties

By submitting a Sunrise application, or modifying a Sunrise registration, you acknowledge that:

the Sunrise application or Sunrise registration contains true, accurate and up-to-date information, and is made in good faith, for a lawful purpose and does not infringe the rights of any third party;
it shall participate in good faith in any proceedings described in the terms and conditions or the Registry-Registrar agreement between Crazy Domains and the Registry;
the Registry or its agents are authorized to share information to the TMCH, other Sunrise Applicants, or the general public relating to the Applicant’s Sunrise Application;
the Sunrise Applicant or Registrant accepts and will abide by the Registry Policies;

21.37.1.12.3 Registry’s rights

You acknowledge and accept that the Registry shall be entitled, but not obligated to reject a Sunrise application or Sunrise registration, or to delete, revoke, cancel or transfer a Sunrise registration:

to enforce Registry Policies and ICANN Requirements, each as amended from time to time;
that is not accompanied by complete and accurate information, or where required information is not updated or corrected, as required by ICANN Requirements or Registry Policies;
to protect the integrity and stability of the SRS or the operation or management of the Registry;
to comply with applicable laws, regulations, policies or any holding, order, or decision by a competent court or administrative authority or any dispute resolution service provider the Registry may retain to oversee the arbitration and mediation of disputes;
to establish, assert, or defend the legal rights of the Registry or a third party, or to avoid any actual or potential civil or criminal liability on the part of or damage to the Registry or its affiliates, subsidiaries, contracted parties, officers, directors, representatives, employees, contractors, and stockholders;
to correct mistakes made by the Registry or Crazy Domains in connection with a Sunrise Registration;
if the Registry receives notice that the SMD File is under dispute; or
as otherwise provided in the Terms and Conditions and the Registry-Registrar agreement between Crazy Domains and the Registry.

21.37.1.12.4 Sunrise Notification

the Registry may publish all or any portion of a pending Sunrise application (e.g., via Whois);
the Registry will notify all Registrars sponsoring Sunrise applications applying for the same domain name of pending auctions for such Sunrise applications;
Registrars receiving notice of a pending auction must pass on such notice to their Sunrise applicants;
at the conclusion of an auction for a domain name, the sponsoring Registrar for a Sunrise application in an auction will either receive a poll message informing it that its sponsored application:
1. prevailed in the auction, that the domain name has been awarded to the sponsored applicant, and that such domain name is active; or
2. lost in the auction.
the Registry will notify the TMCH of successful Sunrise applications once the corresponding Sunrise registration has been activated.

21.37.1.13 Determinations Final

The determinations of the Registry and the TMCH regarding any Applications, DPML applications, registrations, or DPML blocks shall be final and non-appealable; provided, however, that such determination will not affect rights Crazy Domains may have under applicable law, ICANN policies, or Registry-provided dispute resolution procedures;

21.37.1.14 Indemnity:

You agree you shall, within thirty (30) days of demand, indemnify, defend and hold harmless the Registry Operator, Donuts’ service providers, the Registrar and their respective affiliates and subsidiaries, as well as each of their respective owners, directors, managers, officers, employees, contractors service providers and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses (including on appeal), arising out of or relating in any way to the Registrant’s domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration. You agree that you shall not enter into any settlement or compromise of any such indemnifiable claim without the Registrar’s prior written consent, which consent shall not be unreasonably withheld. This indemnification obligation shall survive the termination or expiration of the Registration Agreement for any reason.

21.37.1.14.1 No Agreement

The Registry and its affiliates, and their respective, managers, directors, employees, contractors and agents (including the TMCH and the Auction Provider) are not a party to any agreement between Crazy Domains and you or any Applicants, or any party acting in the name and/or on behalf of you or such Applicants.

21.37.1.14.2 Disputes

In order to resolve disputes relating to the use of domain names, you agree and submit to ICANN’s Uniform Rapid Suspension System or Uniform Domain Name Dispute Resolution Policy, both as applied and amended at http://newgtlds.icann.org/en/applicants/urs and http://www.icann.org/en/help/dndr/udrp, respectively.

21.37.1.15 Safeguards for Regulated TLDS

You acknowledge and agree:

to comply with all applicable laws, including those that related to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures.
that if you collect and maintain sensitive health and financial data, you will implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.

21.37.1.16 Safeguards for Highly-regulated TLDs

You acknowledge and agree:

to comply with all applicable laws, including those that related to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures;
that if you collect and maintain sensitive health and financial data, you will implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law;
to provide administrative contact information, which must be kept up-to-date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulator, or industry self-regulatory, bodies in their main place of business;
to possess any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with such Highly-regulated TLD; and
to report any material changes to the validity of your authorisations, charters, licenses and/or other related credentials for participation in the sector associated with the Highly-regulated TLD to ensure you continue to conform to the appropriate regulations and licensing requirements and generally conduct your activities in the interest of the consumers you serve.

21.37.1.17 Third Party Beneficiaries: Both the Registrar and you expressly agree that the Registry is an intended third-party beneficiary of this Registration Agreement.

21.37.1.18 Governing Law: This Registration Agreement and its interpretation shall be governed by and construed in accordance with the internal laws of the State of Washington, United States of America, in all respects and as applied to agreements entered into among Washington residents to be performed entirely within Washington, without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of State of Washington.

21.37.2 .build Domain Name Licence Terms

21.37.2.1 Registry

The Registry for .build is Plan Bee LLC. The Registry website is located at http://www.dotbuild.co

21.37.2.2 Policy

You agree to comply and be bound by all Registry policy, including but not limited to the Acceptable Use and Takedown Policy, Data Protection and Privacy Policy, Landrush Policy, Reserved and Restricted Name Policy, Sunrise Policy, Sunrise Dispute Resolution Policy and WHOIS Policy which can be located at www.dotbuild.co/registrypolicies.php.

You agree to comply with ICANN standards, policies, procedures and practices, which can be located at http://www.icann.org.

21.37.2.3 Privacy and Personal Data

The Registry shall handle Personal Data submitted to the Registry by the Registrar in accordance with its published privacy policy located at www.dotbuild.co/privacy.php.

The Registry shall take reasonable steps to protect Personal Data submitted to the Registry by the Registrant from loss, misuse, unauthorised disclosure, alteration or destruction. The Registry may from time to time use the demographic data collected for statistical analysis or other business purposes, provided that this use will not disclose individual personal data. This paragraph does not apply to publically available information.

You acknowledge and agree to the use, copying, distribution, publication, modification and other processing of your Personal Data by the Registry and its designees and agents in a manner consistent with the purposes specified pursuant to the above paragraph, current ICANN policies, and with relevant mandatory local data protection, laws and privacy.

21.37.2.4 Registration Information

You acknowledge and agree that you will correct and update your registration information during the registration term for your registered domain name.

21.37.2.5 Abuse

In accordance with the Registry’s Acceptable Use and Takedown Policy, you accept and agree to abstain from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activities contrary to applicable law.

You acknowledge and agree that the Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, suspension or similar status, 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, or any dispute resolution process;
to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement;
to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees;
per the terms of the registration agreement;
to correct mistakes made by the Registry or the Registrar in connection with a domain name registration.

The Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.

21.37.2.6 Indemnity

You agree to indemnify, defend and hold harmless the Registry, and its subcontractors, directors, officers, employees, affiliates and agents of each of them from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registrant’s domain name registration. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.

21.37.2.7 Liability

You agree and acknowledge that the Registry has 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:

the ability or inability of a registrant to obtain a registered domain name during these periods; and
the results of any dispute over a sunrise registration

21.37.2.8 Disputes

You agree to submit to proceedings commenced under other dispute policies as set forth by the Registry from time to time in the Registry Policies, including but not limited to processes for suspension of a domain name intellectual property rights holders, Internet engineering and security experts or other competent claimants for the purpose of upholding the security, stability and integrity of the .BUILD Registry.

You also agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension System (URS).

21.37.2.9 Third Party Beneficiaries

Notwithstanding anything in this Agreement to the contrary, Plan Bee, LLC, the Registry of the .BUILD TLD, is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of Plan Bee, LLC have vested and that Plan Bee, LLC has relied on its third party beneficiary rights under this Agreement in agreeing to Crazy Domains being a registrar for the .BUILD TLD. Additionally, the third party beneficiary rights of Plan Bee, LLC shall survive any termination of this Agreement.

21.37.2.10 Governing Law

This Agreement is to be construed in accordance with and governed by the laws of the State of California and the Parties expressly submit to the jurisdiction of the State and Federal courts in Los Angeles County, California.

21.37.3 .buzz Domain Name License Terms

21.37.3.1 Registry

The Registry for .buzz is DotStrategy, Co. The Registry website is located at http://www.buzznames.biz/.

21.37.3.2 Privacy and Personal Data

The Registry and Registry Service Provider (Neustar, Inc) shall take reasonable steps to protect Personal Data from loss, misuse, unauthorized disclosure, alteration or destruction. Personal Data submitted to the Registry by the Registrar under this Agreement will be collected and used by the Registry for the purposes of providing Registry Services as defined in ICANN’s Registry Agreements (including but not limited to publication of registration data in the directory services, also known as “Whois” or “RDDS”) and to protect the security and stability of the Registry Services and Systems. Notwithstanding the above, the Registry may from time to time use the demographic data collected for internal statistical analysis, provided that this analysis will not disclose individual Personal Data. Except as set forth herein, the Registry will not share, sell, rent or otherwise disclose such Personal Data to any third parties, other than Registry Service Provider, ICANN and ICANN’s authorized agents, without the Registrar’s prior written consent, which shall not be unreasonably withheld.

You acknowledge and agree to the collection and use of your Personal Data by the Registry for the purposes outlined in the above paragraph.

21.37.3.3 Dispute Resolution

The Registry will comply with the following dispute resolution mechanisms as they may be revised from time to time (i) the Trademark Post-Delegation Dispute Resolution Procedure (PDDRP) and (ii) the Registration Restriction Dispute Resolution Procedure (RRDRP) adopted by ICANN. The Registry agrees to (i) implement and adhere to any remedies ICANN imposes (which may include any reasonable remedy, including for the avoidance of doubt, the termination of the Registry Agreement pursuant to Section 4.3(e) of the Agreement) following a determination by any PDDRP or RRDRP panel and to be bound by any such determination; and (ii) the Uniform Rapid Suspension system (“URS”) adopted by ICANN, including the implementation of determinations issued by URS examiners.

You acknowledge and agree to be bound by the terms and conditions, having read and understood them, 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:

The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/udrp/policy;
The Uniform Rapid Suspension Procedure and Rules, available at http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en; and
The Transfer Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/tdrp.

21.37.3.4 Rights Protection Mechanisms

The Registry shall comply with the Trademark Clearinghouse Rights Protection Mechanism Requirements or any successor document related to the same as approved and published by ICANN.

21.37.3.4.1 Abuse

You acknowledge and agree to comply with the Registry’s Acceptable Use policies and Terms of Service, if any, as they may be instituted or updated from time to time and published on the Registry website specific to the Registry TLD for the registered domain name.

You acknowledge and agree that the Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion:

to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs);
to protect the integrity, security and stability of the Internet or Registry;
to comply with any applicable laws, government rules or requirements, requests of law enforcement or any other relevant authority or in compliance with any dispute resolution process;
to avoid any liability, civil or criminal, on the part of the Registry and Registry Service Provider and their affiliates, subsidiaries, subcontractors, officers, directors, employees and stockholders;
for violations of this Agreement and its Exhibits;
to correct mistakes made by the Registry or the Registrar in connection with a domain name registration;
to ensure compliance with ICANN and/or Registry policies and/or procedures; or
for the non-payment of fees to the Registry.

The Registry reserves the right to take immediate action to remove orphan glue records (as defined at http://www.icann.org/en/committees/security/sac048.pdf) when provided with evidence in written form that such records are present in connection with malicious conduct

21.37.3.5 Registration

You acknowledge and agree that the data provided by you in the domain name registration application is true, correct and complete.

You certify that you have the authority to enter into the registration agreement.

21.37.3.6 Reserved Names and Premium Auctions

The Registry may reserve, and not allow the registration of any Registry TLD strings which:

appear on the list of reserved TLD(s) strings set forth in Specification 5 of the Registry Agreement; or
such other names as are designated by the Registry to be reserved prior to General Availability of the Registry TLD to the public.

You acknowledge and agree that if you are seeking to register a Premium Name, as determined by the Registry in its sole discretion, then use of the name is also subject to additional terms and conditions contained in a separate agreement between Registrant and the Registry, and that the Registrant’s rights in any such name are also governed by the terms of the separate Premium Name Agreement.

21.37.3.7 Sunrise

You agree that, by submitting a Sunrise Application, the Registry and/or its Authorized Auction Provider or Agent is authorised to share information relating to your Sunrise application with other Sunrise Applicants. In the event any Sunrise Applicant proceeds with a Registration, such Applicant will be deemed on notice of the intellectual property claims submitted by the other Sunrise Applicant(s) and may not claim lack of notice with regard to such Applicant(s) in any subsequent dispute proceeding.

21.37.3.8 Liability

You acknowledge and agree that the Registry, Registrar, its subcontractors, affiliates, agents, and/or service providers shall have no liability of any kind for any direct or indirect loss or liability resulting from or arising in connection with the Sunrise, Landrush, Founder’s Program, Premium domain or Auction processes, including, without limitation: (a) our ability or inability to reserve a name in the Registry TLD through this process, and (b) any dispute between any parties arising in connection with this process.

21.37.3.9 Indemnity

You acknowledge and agree to indemnify, defend and hold harmless the Registry and Registry Service Provider and their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney’s fees and expenses, in any way arising out of, relating to, or otherwise in connection with the Registered Name Holder’s domain name registration. This indemnification obligation survives the termination or expiration of the registration agreement.

21.37.3.10 Governing Law

This Agreement is to be construed in accordance with and governed by the laws of the State of Arkansas without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the laws of the State of Arkansas to the rights and duties of the Parties.

21.37.4 .CEO Domain Name License Terms

21.37.4.1 Registry

The Registry for .CEO is CEOTLD Pty Ltd. The Registry website is located at http://www.nic.ceo

This Registrant Agreement is part of the Registry Policies, which form a cohesive framework and must be read in conjunction with one another, as well as with other applicable agreements, policies, laws, and regulations which, taken together, represent the entirety of your obligations and responsibilities with regard to any domain name registration.

21.37.4.2 Terms and Conditions

By applying to register or renew a domain name in this Registry (hereinafter referred to as an Application) or by registering one or more domain name(s), the Registrant hereby acknowledges that they have read and agree to be bound by all terms and conditions of this Agreement, as well as the other documents in the Registry Policies.

The most recent Registry Policies apply to any and all domain name applications, domain names, and domain name registrations in this Registry and explain the terms, conditions, rights, and obligations between the Registry, the Registrar, and the Registrant. Those parts of the Registry Policies that are not part of the text of this Registration Agreement are incorporated into this Registration Agreement by this reference.

The Registry may, in its sole discretion, modify the Registry Policies at any time and from time to time. The Registry shall post the current version of the Registry Policies on the Registry Website. The Registry may inform Crazy Domains of changes to the Registry Policies via email, and Crazy Domains may in turn notify the Registrant of any changes thereto; the Registrant agrees that such email shall not be considered spam; however, neither the Registry nor Crazy Domains shall not be obligated to provide such notice via email or otherwise. The Registrant agrees to check the Registry Website periodically for Registry Policy updates.

The Registrant’s continued registration and/or use of a domain name following the date the most current version of the Registry Policies is posted to the Registry Webpage, which shall be the effective date, constitutes the Registrant’s acceptance of such revised Registry Policies. In the event that the Registrant does not wish to be bound by the revised Registry Policies, the Registrant’s sole remedy is to cancel the registration of any domain name covered by the Registry Policies, by following the appropriate Registry and/or Crazy Domains policies regarding such cancellation.
Registration Fee. The Registrant shall pay to Crazy Domains the appropriate registration fee (Registration Fee) applicable at the time the Registrant submits its Application to Crazy Domains. Payment of the Registration Fee shall be made in accordance with the requirements of Crazy Domains, and the Registry Policies are effective at the time of submission of such application or at the time of payment, whichever is earlier. All Registration Fees paid pursuant to this Agreement are non-refundable except as provided for herein. It is the responsibility of Crazy Domains to pay a separate registration fee to the Registry in connection with such domain name application, and the Registry is not bound to accept any application until such separate registration fee is paid by Crazy Domains. The Registry will not refund any Registration Fee or other fee to the Registrant in the event of non–performance by Crazy Domains; the Registry disclaims any and all liability for any losses incurred as a result of any non-performance by Crazy Domains including where a third party may obtain registration of a domain name for which an Application has been submitted.
Term and Renewal Term. The Registrant’s exclusive registration of the domain name shall continue for the term specified in the accepted application (the Term), subject to the Registry’s and/or Crazy Domains’ right to suspend or terminate the domain name pursuant to this Agreement and the Registry Policies, which are incorporated herein by reference. Domain name Registrations may be made for an annual term of between one (1) and ten (10) years.
Registrant Information. The Registrant shall ensure that the information submitted by or on behalf of the Registrant to crazy Domains in connection with registration of the domain name or otherwise (Registrant Information), will, throughout the Term, comply with the Registry Policies as may be in effect from time to time and will remain true, current, complete, accurate, and reliable. The Registrant shall maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable by immediately making such changes in their account with Crazy Domains as registrar. The Registry reserves and may exercise the right to suspend and/or terminate the Registrant’s registration of the domain name if: (i) information provided by the Registrant to Crazy Domains and/or Registry appears, in the Registry’s sole discretion, to be false, inaccurate, incomplete, unreliable, or misleading in any respect; or (ii) the Registrant fails to maintain, update, and/or keep the Registrant Information true, current, complete, accurate, and reliable. In such a circumstance, the Registry may, in its sole discretion, with the cooperation of Crazy Domains, suspend the Registrant’s domain name(s) upon the Registry’s receipt of knowledge that such information is deficient. The Registrant acknowledges that a breach of this Section will constitute a material breach of this Registration Agreement, which will entitle the Registry to terminate this Agreement, resulting in suspension and/or deletion of the domain name, immediately upon such breach without any refund of the Registration Fee and without any obligation of notice to the Registrant. The Registry shall not be liable to the Registrant or any third party either for taking action, or failing or declining to take action for the Registrant’s violation of this section.
1. The Registrant acknowledges and agrees that all personal information about the Registrant which is supplied to the Registry and/or Crazy Domains may be publicly available to third parties via a public “Whois” service, as required by ICANN and as allowed by applicable laws.
2. Registrants must provide all contact information as required by Crazy Domains. Providing true, current, complete, and accurate contact information is an absolute condition of registration of a domain name within this TLD. If any Registrant Information provided during registration or subsequent modification to that information is false, inaccurate, or misleading or conceals or omits pertinent information, the Registry may, in its sole discretion, terminate, suspend, place on hold, or cancel the domain name registration of any Registrant without notification and without refund to the Registrant.
3. The Registrant is responsible for responding in a timely fashion to communications from Crazy Domains or the Registry regarding any domain name registered by or on behalf of the Registrant.
4. The Registry retains the irrevocable right, but expressly disclaims any obligation, in its sole discretion, to monitor and/or scan any content published or sent under a domain name registered in the Registry, including where such content involves an intrusion or causes modification of Registry or other data, providing such scanning is for the purpose of identifying Internet security vulnerabilities or the presence of malicious software or content capable of causing harm or disruption to the systems of other Internet users or the Registry, or content which is illegal. The Registry may delegate this right to its agents, representatives, successors, and assigns or choose not to exercise the right. The Registry shall not be liable to the Registrant or any third party either for taking action, or failing or declining to take action for the Registrant’s violation of this section.
Registrant’s Agents. The Registrant understands, acknowledges, and agrees that by using the domain name, the Registrant accepts the terms and conditions of and is bound by this Agreement (including the Registry Policies incorporated into this Agreement), even if an agent (such as an Internet service provider, domain name retailer, domain name reseller, or employee) entered into this Agreement on the Registrant’s behalf, and even if the Registrant has not itself read this Agreement and/or the Registry Policies. Further, the Registrant understands, acknowledges and agrees that it is responsible for all information submitted by its agent. The Registry may, but will not be bound to, cancel this Agreement due to any errors or omissions by the Registrant’s agent in the registration process or thereafter (e.g., if such agent provides incorrect Registrant Information), as the agent’s apparent authority will be deemed actual authority and will suffice to bind the Registrant. By acting on the Registrant’s behalf, such agent represents and warrants to the Registry that the agent is authorised to bind the Registrant hereto and that it has fully and thoroughly advised the Registrant of the terms and conditions of this Agreement (including the Registry Policies incorporated into this Agreement).
Scope of Registration. On payment of the Registration Fee to Crazy Domains and after payment by Crazy Domains to the Registry of the separate Crazy Domains registrar registration fee, and after acceptance of the application, the Registrant will be entitled to a limited license for the exclusive use of the applied-for domain name which, in the event of sale, assignment, sublicense, or otherwise, the registration and use of the domain name shall at all times be subject to continuing compliance with the terms of this Agreement and the Registry Policies, for the duration of the Term. However, the Registrant may not sublicense, use, display, exploit, or register a domain name in any manner which, in the sole discretion of the Registry or its delegee, may constitute illegal activity or cause or permit any contravention or violation of the Registry Policies, whether or not in connection with the registered domain name. In the event of any assignment, sub-license or similar transaction, the Registrant remains responsible for complying with all terms and conditions of this Agreement, and accepts liability for any harm caused by such sub-licensor or third party’s use of the domain name in contravention of this Agreement or the Registry Policies. The Registrant acknowledges that a breach of this Section by the Registrant and/or its agent, assignee, sub-licensor, or any other third party, will constitute a material breach of this Agreement, which will entitle the Registry to terminate this Agreement or take such other action as it deems necessary or desirable, without any refund of the Registration Fee, at the Registry’s sole discretion. Further, in the event of such termination, the Registry or Crazy Domains may, in such party’s sole discretion, refuse registration of domain names by Registrant or discontinue services with respect to the Registrant’s domain name or any other domain name which, in the sole discretion of the Registry or its delegee, it deems to be related, including but not limited to other domain names registered by the same Registrant and/or agent. In case of such refusal or discontinuation without cause (“cause” being defined as dishonouring any payment made to Crazy Domains and/or the Registry or any violation of the Registry Policies), neither the Registry nor Crazy Domains shall be liable for any loss, damage, or other injury whatsoever, including but not limited to economic or consequential loss and/or damages, resulting from the Registry’s or Crazy Domains’ refusal to register, or decision to discontinue services for, the Registrant’s domain name, including to the extent permitted by applicable law in cases of negligence.
Registrant Representations and Warranties. The Registrant represents, warrants, and covenants that:
1. the Registrant understands that registration entitles the Registrant only to a limited license for the use of the domain name(s) for the Term, subject to compliance with this Agreement, the Registry Policies and other applicable rules and laws, including those concerning trademarks and other types of intellectual property rights, as these may now exist or be revised from time to time. Registrant agrees to be bound and abide by any ICANN Consensus Policies including, but not limited to, the Uniform Domain Name Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension (URS), as now in effect and as may be adopted and/or amended at any time and from time to time;
2. neither the registration of the domain name, nor the manner in which it is to be directly or indirectly used by the Registrant or otherwise, will or may infringe the legal rights or intellectual property rights of a third party;
3. the Registrant will use or display the domain name in accordance with the laws, rules, and regulations of any applicable national, state, territorial, or international or other laws, rules, and regulations, and ICANN Consensus Policies, and will not use the domain name in any way which violates or may violate a right of the Registry or any third party;
4. any violation of these Registry Policies may result in lock, suspension, or termination of the domain name in question or other domain names the Registrant may have registered in the TLD, in the Registry’s sole discretion;
5. the information provided by the Registrant is true, complete and accurate, and the Registrant will update said information in a timely manner if it changes;
6. the Registrant is either: (a) an identifiable human individual over the 18 years of age or otherwise recognized as being able to enter into a legally-binding contract under applicable law; or, (b) a properly described and legally-recognized entity within its national jurisdiction, e.g., corporation, limited liability company, partnership, association, society, or proprietary limited company for which the Registrant has legally binding authority to enter into this Agreement and the Registry Policies;
7. the Registrant will not, directly or indirectly, through registration or use of the domain name or otherwise:
  1. register a domain name for the purpose of unlawfully diverting trade from another business or website;
  2. deliberately register as a domain name misspellings of another person or entity’s personal, company or brand name(s) or confusingly similar domain name(s) in order to pass-off or trade on the business, goodwill or reputation of another, or otherwise infringe upon a third party’s intellectual property rights;
  3. grant or purport to grant a security interest or other encumbrance on or over the domain name unless: such security interest or other encumbrance does not exceed the rights of the Registrant in the domain name as limited by this Agreement, does not impair the Registrant’s ability to fulfil the Registrant’s obligations under this Agreement, and does not impose or purport to impose obligations on the Registry beyond the obligations owed by the Registry to the Registrant in the absence of such a security interest or encumbrance;
8. the Registrant meets, and will continue to meet for the whole of the Term, any and all eligibility criteria prescribed in the Registry Policies for registering and using the domain name;
9. the Registrant will maintain the Registrant Information provided pursuant to the requirements of this Agreement;
10. the Registrant has not previously submitted an Application for registration of a domain name for the same character string where:
  1. the Registrant is relying on the same eligibility criteria for both domain name Applications; and
  2. the domain name application has previously been rejected;
11. any content, material, email, or webpage, contained on any Uniform Resource Locator (URL), website, or webpage accessing, utilizing, or accessed by means of the domain name, complies with the Acceptable Use Policy, whether incorporated directly into, forwarded, or framed by means of the domain name or otherwise;
12. the Registrant has not relied upon any representation or promise which does not appear in this Agreement;
13. the Registrant’s use of the domain name and of any webpage, email, or URL accessed by or utilizing the domain name will comply with the requirements of the Acceptable Use Policy.
Breach and Cure. Failure of a Registrant to abide by any provision of this Agreement and all other Registry Policies will be considered a material breach. In the event of such material breach, the Registry may in its sole discretion, with the cooperation of Crazy Domains, suspend, lock, modify, or transfer the domain name and/or may provide written (which may be by email) notice to the Registrant describing the material breach. In any event, where the Registry gives notice, by way of Crazy Domains, to the Registrant, that there is a breach, the Registrant shall rectify, cure, or refute within thirty (30) calendar days. In the event a breach is not rectified, cured, or refuted by the Registrant to Registry’s sole satisfaction within the thirty (30) day period, the Registry may cancel or otherwise modify the Registrant’s registration of and license to use the domain name without refund and without further notice, and pursue any and all legal remedies it may have against the Registrant. Any such breach by the Registrant shall not be waived in the event that the Registry did not act earlier in response to the specific breach, or any other breach, by Registrant. In the event of a breach which, in the sole discretion of the Registry or Crazy Domains, causes or is likely to cause immediate harm to the public interest or the Registry, or which violates or is likely to violate any applicable law or regulation, then Crazy Domains and/or the Registry may, with the cooperation of Crazy Domains, modify, suspend, transfer, or terminate services to the Registrant without written notice; the modification, suspension, transfer, or termination of services constituting notice to Registrant that such a breach has occurred. See below for important limitations on the liability of the Registry and Crazy Domains with regard to acts by such parties under this Section.
The Registry may delegate authority to:
1. investigate any breach or potential breach of the Registry Policies; and
2. take action to cure or sanction any breach or potential breach of the Registry Policies, including the authority to immediately suspend or transfer use of a domain name upon detection by a service provider or notification, e.g., from an Internet security agency, that the domain name may contain malicious software or otherwise violates the Acceptable Use Policy.
Disputes Between Registrants. The Registrant acknowledges that the Registry cannot, and does not, screen or otherwise review any Application to verify that the Registrant has the legal right to use a particular character string as or in a domain name, or that the Registrant will not infringe the rights of a third party. In the event that any third party disputes the Registrant’s legal right to use, display, exploit, or register the domain name in any fashion, including allegations that infringing material (as defined in the Acceptable Use Policy) is displayed on or forwarded, including via the use of frames, to a website which is resolved via the domain name or that the registration or use of the domain name itself infringes the third party’s rights, the Registrant shall act in accordance with and agree to be bound by the ICANN-mandated URS, UDRP, applicable ICANN Consensus Policies, and the Registry’s CRS. The Registrant will be solely liable in the event that the Registrant’s use of the domain name is found to constitute an infringement or other violation of a third party’s rights.
Indemnity. The Registrant shall indemnify and hold harmless the Registry, Crazy Domains, and such parties’ officers, directors, shareholders, owners, managers, employees, agents, representatives, contractors, affiliates, successors, assigns, and attorneys (the Registry Related Parties) from and against any and all claims made by third parties against the Registrant or Registry Related Parties, including, but not limited to, all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including lawyers or attorneys’ fees, which fees shall be determined on a full indemnity basis (which lawyers or attorneys shall be hired at the sole discretion of the indemnified party), and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Agreement, the registration or use of domain name registration or other services, or the domain name itself, including the Registrant’s use, display, exploitation, or registration of the domain name, as well as for any infringing or otherwise damaging content displayed or otherwise made available on or by means of the domain name. If an indemnified party is threatened by claims or suit of a third party, the indemnified party may seek written assurances from the Registrant concerning the Registrant’s indemnification obligations but will not be required to do so in order to rely upon this indemnity. Failure to provide such written assurances in a form satisfactory to the indemnified party is a material breach of this Agreement. Failure of the Registrant to fully indemnify the indemnified party in a timely manner may result in termination, suspension, transfer, or modification of the domain name registration services and any such termination, suspension, transfer, or modification shall in no way prejudice or substitute for an indemnified party’s right to seek indemnification by way of litigation or otherwise.
DISCLAIMER AND LIMITATION OF LIABILITY. THE REGISTRANT ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND THE REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, OR OTHERWISE RELATING TO THE USE, SUSPENSION, TERMINATION OR THE INABILITY TO USE THE DOMAIN NAME OR IN ANY OTHER WAY RELATED TO THE DOMAIN NAME, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING IN THE CASE OF NEGLIGENCE BY THE REGISTRY AND/OR REGISTRY RELATED PARTIES), OR OTHERWISE. THE REGISTRY’S LIABILITY FOR ANY BREACH OF A CONDITION OR WARRANTY IMPLIED BY ANY OF THE REGISTRY POLICIES, INCLUDING THE NAMING POLICY, ACCEPTABLE USE POLICY, REGISTRANT AGREEMENT, PRIVACY & WHOIS POLICY, COMPLAINT RESOLUTION SERVICE, AND/OR THE REGISTRY–REGISTRAR AGREEMENT SHALL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE TO ONE OF THE FOLLOWING (AS THE REGISTRY MAY DETERMINE IN ITS SOLE DISCRETION:
1. SUPPLYING THE DOMAIN NAME AGAIN; OR
2. PAYING THE REASONABLE COST INCURRED OF HAVING THE SERVICES SUPPLIED AGAIN.
ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND THE REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM “HACKING,” DENIAL OF SERVICE ATTACK, VIRUS, WORM, OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN NAME OR SERVICES RELATED TO THE DOMAIN NAME.

IN THE EVENT THAT THE REGISTRY OR A REGISTRY RELATED PARTY TAKES ACTION WITH RESPECT TO A REGISTRY DOMAIN NAME PURSUANT TO THE REGISTRY POLICIES, WHICH ACTION IS REVERSED, MODIFIED, OR ACKNOWLEDGED TO HAVE BEEN INCORRECT BY THE REGISTRY AND/OR A REGISTRY RELATED PARTY, BY OR THROUGH THE REGISTRY COMPLAINT RESOLUTION SERVICE, OR BY A COURT, THEN REGISTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND/OR REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER THEREBY, EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT’S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE DOMAIN NAME OR, AT THE SOLE DISCRETION OF THE REGISTRY, A REFUND OF THE REGISTRATION FEE, RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM) OR REDEMPTION FEE, WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT.

IN ADDITION, THE REGISTRY AND/OR REGISTRY RELATED PARTIES ARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOT LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, TELECOMMUNICATION FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE REGISTRY TOP-LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT’S SOLE REMEDY FOR THE REGISTRY OR REGISTRY RELATED PARTIES’ BREACH OF THIS AGREEMENT OR NEGLIGENCE OF ANY TIME SHALL BE, AT THE SOLE DISCRETION OF THE REGISTRY OR THE REGISTRY RELATED PARTIES, THE RESUPPLY OF THE DOMAIN NAME OR A REFUND OF THE REGISTRATION FEE, REDEMPTION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE REGISTRANT’S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO THE REGISTRY OR REGISTRY RELATED PARTIES BY THE REGISTRANT.
Notices. Notices to the Registry shall be delivered by registered or certified mail, postage prepaid, or reputable commercial courier service (e.g., DHL) in the manner of quickest delivery (i.e., overnight delivery, if possible) to:

CEOTLD Pty Ltd
322/5 Lime Street, Sydney
2000
AUSTRALIA

Notices mailed by official mail shall be deemed delivered on signed receipt.

Notices to Registrant shall be delivered by registered or certified mail, postage prepaid, or reputable receipted commercial courier service (e.g., DHL) in the manner of quickest delivery (i.e., overnight delivery, if possible) or, in the sole discretion of the Registry or its agent such as a Registry Related Party, by email or fax to the Registrant, such notice to be deemed delivered upon transmission.
Governing Law/Forum Selection. For all disputes in which the Registry may be or is a party, this Agreement shall be exclusively governed by and construed in accordance with the laws of the Commonwealth of Australia and applicable to contracts made and wholly performed therein, without regard to conflict of laws principles. The Registrant hereby irrevocably consents to the exclusive jurisdiction of the Courts of the Commonwealth of Australia, for any and all claims or disputes directed against the Registry and which arise out of, purport to enforce, construe, or otherwise relate to the domain name, this Agreement, or Registry Policies. The exclusive venue for such action shall be the Courts of the Commonwealth of Australia. The Registrant waives any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and the Registrant waives any statutory or other right pursuant to the laws of the jurisdiction in which Registrant resides to have a case relating to this Agreement adjudicated or resolved in that jurisdiction. By way of information and not as a term binding against the Registry, disputes not involving the Registry as a party may be governed by a governing law and/or forum selection clause contained in a separate agreement, if any, between the Registrant and such other disputant (for example, disputes between FEMP and a Registrant may be governed by a separate agreement, if any, between the Registrant and FEMP); provided, however, that no such separate agreement may modify or waive either the Registry’s or Registrant’s consent to exclusive choice of law, jurisdiction, and venue in the Commonwealth of Australia for disputes in which the Registry is or may be a party, as described above.
Ownership of Information and Data. Subject to any limitations of the privacy laws of the Commonwealth of Australia, Registrant agrees and acknowledges that the Registry and/or any Registry delegee shall own all database, compilation, collective, and similar rights, title, and interests worldwide in any domain name database(s) and all information and derivative works generated from the domain name database(s), and that such domain name database may include, without limitation, any information supplied by Registrant or by the Registry that appears or should appear in the Whois or similar information repositories, and any other information generated or obtained in connection with providing domain name registration services.
Severability. If any provision of this Agreement or the Registry Policies is held invalid, unenforceable, or void, the remainder of the Agreement or the Registry Policies, as applicable, shall not be affected thereby and shall continue in full force and effect as nearly as possible to reflect the original intention of Crazy Domains, Registry, and Registrant in executing this Agreement.
No Waiver. The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party.
Full Integration. This Agreement, as it may be modified at any time and from time to time as provided for herein, together with the Registry Policies, as they may be modified at any time and from time to time, expressly incorporated herein by reference, constitutes the entire agreement between the Registrant and Crazy Domains for the benefit of the Registry relating to the domain name. No prior or contemporaneous written, oral, and/or electronic representation, negotiation, or agreement form a part of this Agreement, and this Agreement supersedes all prior written, oral, or electronic agreements between the Registrant and the Registry relating to the domain name. Additional agreements, if any, may be entered into between the Registrant and Crazy Domains relating to domain name services provided by Crazy Domains, provided that no such additional agreement may waive, alter, or supersede any provision of this Agreement, neither may such an additional agreement impose any obligation upon the Registry without the Registry’s express prior written consent. If there is any conflict between such additional agreements and this Agreement, this Agreement shall prevail.
Written Agreement. This Agreement constitutes a written agreement between the Registrant and Crazy Domains for the benefit of the Registry even though the Registrant’s Application may be dispatched electronically, and even though the Registry may accept the Application electronically. A printed version of this Agreement, and of any notice given in electronic form related to this Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
Assignment. The parties agree that the Registry may assign, sub-assign, transfer, sell, license, or sub-license its rights and obligations under this Agreement or any portion thereof to a third party without prior written notice to the Registrant.
Survival of Obligations. The parties agree that clauses 6 (Scope of Registration), 7 (Registrant Representations and Warranties), 8 (Breach and Cure), 9 (Disputes Between Registrants), 10 (Indemnity), 11 (DISCLAIMER AND LIMITATION OF LIABILITY), 12 (Notices), 13 (Governing Law/Forum Selection), 14 (Ownership of Information and Data), and 15 (Severability) of these Registration Terms shall survive the expiry or termination of this Agreement.
Headings. The headings of sections contained in this Agreement are inserted solely for convenience and ease of reference only and shall not constitute any part of this agreement, or have any effect on its interpretation or construction.
Third Party Beneficiary. The Registry is an intended third party beneficiary of this Agreement with rights to enforce its terms. The Registrant agrees to cooperate with the Registry or Crazy Domains in Agreement compliance-related matters. There are no other third party beneficiaries of this Agreement

THIS AGREEMENT IS AND THE REGISTRY POLICIES ARE EFFECTIVE AND BINDING AS OF THE TIME OF SUBMISSION, BY THE REGISTRANT, AN APPLICATION FOR A DOMAIN NAME OR AT THE TIME OF PAYMENT, WHICHEVER IS EARLIER.

21.37.5 .club Domain Name License Terms

21.37.5.1 Registry

The Registry for .club is Club Domains, LLC. The Registry website is located at http://www.nic.club.

21.37.5.2 Policy

You agree to comply and be bound by all Registry policy, including but not limited to the Terms and Policies and Privacy Policy which can be located at www.nic.club/terms/ and www.nic.club/privacy/ respectively.

You agree to comply with all of the ICANN standards, policies, procedures, and practices for which the Registry has responsibility in accordance with the Registry Agreement.

21.37.5.3 Privacy and Personal Data

The Registry shall handle Personal Data submitted to the Registry by the Registrar in accordance with its published privacy policy located at www.nic.club/privacy/

The Registry shall take reasonable steps to protect Personal Data submitted to the Registry by the Registrant from loss, misuse, unauthorised disclosure, alteration or destruction. Personal Data submitted to the Registry by the Registrar under this Agreement will be collected and used by the Registry for the purposes of providing Registry Services as defined in ICANN’s Registry Agreements (including but not limited to publication of registration data in the directory services, also known as “Whois” or “RDDS”) and to protect the security and stability of the Registry Services and Systems. The Registry may from time to time use the demographic data collected for internal statistical analysis, provided that this use will not disclose individual personal data. Except as set forth herein, the Registry will not share, sell, rent or otherwise disclose such Personal Data to any third parties, other than Registry Service Provider, ICANN and ICANN’s authorized agents, without Registrar’s prior written consent, which shall not be unreasonably withheld.

You acknowledge and agree to the collection and use of your Personal Data by the Registry in accordance with the Registry’s Privacy Policy.

21.37.5.4 Rights Protection Mechanisms

The Registry shall comply with the Trademark Clearinghouse Rights Protection Mechanism Requirements or any successor document related to the same as approved and published by ICANN

21.37.5.5 Registration

You acknowledge and agree that the data provided by you in the domain name registration application is true, correct and complete.

You certify that you have the authority to enter into the registration agreement.

21.37.5.6 Reserved Names and Premium Auctions

The Registry may reserve, and not allow the registration of any Registry TLD strings which:

appear on the list of reserved TLD(s) strings set forth in Specification 5 of the Registry Agreement;
such other names as are designated by the Registry to be reserved prior to General Availability of the Registry TLD to the public; or
any other name designated by the Registry at its sole discretion.

21.37.5.7 Sunrise

You agree that, by submitting a Sunrise Application, the Registry and/or its Authorized Auction Provider or Agent is authorized to share information relating to your Sunrise application with other Sunrise Applicants.

21.37.5.8 Abuse

You acknowledge and agree to comply with the Registry’s Acceptable Use policies and Terms of Service, as they may be instituted or updated from time to time and published on the Registry website.

to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs);
to protect the integrity, security and stability of the Internet or Registry;
to comply with any applicable laws, government rules or requirements, requests of law enforcement or any other relevant authority or in compliance with any dispute resolution process;
to avoid any liability, civil or criminal, on the part of the Registry and Registry Service Provider and their affiliates, subsidiaries, subcontractors, officers, directors, employees and stockholders;
for violations of this Agreement and its Exhibits;
to correct mistakes made by the Registry or the Registrar in connection with a domain name registration;
to ensure compliance with ICANN and/or Registry policies and/or procedures; or
for the non-payment of fees to the Registry.

21.37.5.9 Dispute Resolution

The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/udrp/policy;
The Uniform Rapid Suspension Procedure and Rules, available at http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en; and
The Transfer Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/tdrp.

21.37.5.10 Indemnity

You agree to indemnify, defend and hold harmless the Registry and Registry Service Provider and their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney’s fees and expenses, in any way arising out of, relating to, or otherwise in connection with the Registered Name Holder’s domain name registration. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.

21.37.5.11 Liability

21.37.6 .kiwi Domain Name License Terms

21.37.6.1 Registry

The Registry for .kiwi is Dot Kiwi Limited. The Registry website is located at http://hello.kiwi

21.37.6.2 Terms and Conditions

By applying to register or renew a domain name in this Registry (hereinafter referred to as an Application) or by registering one or more domain name(s), the Registrant hereby acknowledges that they have read and agree to be bound by all terms and conditions of this Agreement, as well as the other documents in the Registry Policies.

The most recent Registry Policies apply to any and all domain name applications, domain names, and domain name registrations in this Registry and explain the terms, conditions, rights, and obligations between the Registry, the Registrar, and the Registrant. Those parts of the Registry Policies that are not part of the text of this Registration Agreement are incorporated into this Registration Agreement by this reference.

The Registry may, in its sole discretion, modify the Registry Policies at any time and from time to time. The Registry shall post the current version of the Registry Policies on the Registry Website. The Registry may inform Crazy Domains of changes to the Registry Policies via email, and Crazy Domains may in turn notify the Registrant of any changes thereto; the Registrant agrees that such email shall not be considered spam; however, neither the Registry nor Crazy Domains shall not be obligated to provide such notice via email or otherwise. The Registrant agrees to check the Registry Website periodically for Registry Policy updates.

The Registrant’s continued registration and/or use of a domain name following the date the most current version of the Registry Policies is posted to the Registry Webpage, which shall be the effective date, constitutes the Registrant’s acceptance of such revised Registry Policies. In the event that the Registrant does not wish to be bound by the revised Registry Policies, the Registrant’s sole remedy is to cancel the registration of any domain name covered by the Registry Policies, by following the appropriate Registry and/or Crazy Domains policies regarding such cancellation.
Registration Fee. The Registrant shall pay to Crazy Domains the appropriate registration fee (Registration Fee) applicable at the time the Registrant submits its Application to Crazy Domains. Payment of the Registration Fee shall be made in accordance with the requirements of Crazy Domains, and the Registry Policies are effective at the time of submission of such application or at the time of payment, whichever is earlier. All Registration Fees paid pursuant to this Agreement are non-refundable except as provided for herein. It is the responsibility of Crazy Domains to pay a separate registration fee to the Registry in connection with such domain name application, and the Registry is not bound to accept any application until such separate registration fee is paid by Crazy Domains. The Registry will not refund any Registration Fee or other fee to the Registrant in the event of non–performance by Crazy Domains; the Registry disclaims any and all liability for any losses incurred as a result of any non-performance by Crazy Domains including where a third party may obtain registration of a domain name for which an Application has been submitted.
Term and Renewal Term. The Registrant’s exclusive registration of the domain name shall continue for the term specified in the accepted application (the Term), subject to the Registry’s and/or Crazy Domains’ right to suspend or terminate the domain name pursuant to this Agreement and the Registry Policies, which are incorporated herein by reference. Domain name Registrations may be made for an annual term of between one (1) and ten (10) years.
Registrant Information. The Registrant shall ensure that the information submitted by or on behalf of the Registrant to crazy Domains in connection with registration of the domain name or otherwise (Registrant Information), will, throughout the Term, comply with the Registry Policies as may be in effect from time to time and will remain true, current, complete, accurate, and reliable. The Registrant shall maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable by immediately making such changes in their account with Crazy Domains as registrar. The Registry reserves and may exercise the right to suspend and/or terminate the Registrant’s registration of the domain name if: (i) information provided by the Registrant to Crazy Domains and/or Registry appears, in the Registry’s sole discretion, to be false, inaccurate, incomplete, unreliable, or misleading in any respect; or (ii) the Registrant fails to maintain, update, and/or keep the Registrant Information true, current, complete, accurate, and reliable. In such a circumstance, the Registry may, in its sole discretion, with the cooperation of Crazy Domains, suspend the Registrant’s domain name(s) upon the Registry’s receipt of knowledge that such information is deficient. The Registrant acknowledges that a breach of this Section will constitute a material breach of this Registration Agreement, which will entitle the Registry to terminate this Agreement, resulting in suspension and/or deletion of the domain name, immediately upon such breach without any refund of the Registration Fee and without any obligation of notice to the Registrant. The Registry shall not be liable to the Registrant or any third party either for taking action, or failing or declining to take action for the Registrant’s violation of this section.
1. The Registrant acknowledges and agrees that all personal information about the Registrant which is supplied to the Registry and/or Crazy Domains may be publicly available to third parties via a public “Whois” service, as required by ICANN and as allowed by applicable laws.
2. Registrants must provide all contact information as required by Crazy Domains. Providing true, current, complete, and accurate contact information is an absolute condition of registration of a domain name within this TLD. If any Registrant Information provided during registration or subsequent modification to that information is false, inaccurate, or misleading or conceals or omits pertinent information, the Registry may, in its sole discretion, terminate, suspend, place on hold, or cancel the domain name registration of any Registrant without notification and without refund to the Registrant.
3. The Registrant is responsible for responding in a timely fashion to communications from Crazy Domains or the Registry regarding any domain name registered by or on behalf of the Registrant.
4. The Registry retains the irrevocable right, but expressly disclaims any obligation, in its sole discretion, to monitor and/or scan any content published or sent under a domain name registered in the Registry, including where such content involves an intrusion or causes modification of Registry or other data, providing such scanning is for the purpose of identifying Internet security vulnerabilities or the presence of malicious software or content capable of causing harm or disruption to the systems of other Internet users or the Registry, or content which is illegal. The Registry may delegate this right to its agents, representatives, successors, and assigns or choose not to exercise the right. The Registry shall not be liable to the Registrant or any third party either for taking action, or failing or declining to take action for the Registrant’s violation of this section.
Registrant’s Agents. The Registrant understands, acknowledges, and agrees that by using the domain name, the Registrant accepts the terms and conditions of and is bound by this Agreement (including the Registry Policies incorporated into this Agreement), even if an agent (such as an Internet service provider, domain name retailer, domain name reseller, or employee) entered into this Agreement on the Registrant’s behalf, and even if the Registrant has not itself read this Agreement and/or the Registry Policies. Further, the Registrant understands, acknowledges and agrees that it is responsible for all information submitted by its agent. The Registry may, but will not be bound to, cancel this Agreement due to any errors or omissions by the Registrant’s agent in the registration process or thereafter (e.g., if such agent provides incorrect Registrant Information), as the agent’s apparent authority will be deemed actual authority and will suffice to bind the Registrant. By acting on the Registrant’s behalf, such agent represents and warrants to the Registry that the agent is authorised to bind the Registrant hereto and that it has fully and thoroughly advised the Registrant of the terms and conditions of this Agreement (including the Registry Policies incorporated into this Agreement).
Scope of Registration. On payment of the Registration Fee to Crazy Domains and after payment by Crazy Domains to the Registry of the separate Crazy Domains registrar registration fee, and after acceptance of the application, the Registrant will be entitled to a limited license for the exclusive use of the applied-for domain name which, in the event of sale, assignment, sublicense, or otherwise, the registration and use of the domain name shall at all times be subject to continuing compliance with the terms of this Agreement and the Registry Policies, for the duration of the Term. However, the Registrant may not sublicense, use, display, exploit, or register a domain name in any manner which, in the sole discretion of the Registry or its delegee, may constitute illegal activity or cause or permit any contravention or violation of the Registry Policies, whether or not in connection with the registered domain name. In the event of any assignment, sub-license or similar transaction, the Registrant remains responsible for complying with all terms and conditions of this Agreement, and accepts liability for any harm caused by such sub-licensor or third party’s use of the domain name in contravention of this Agreement or the Registry Policies. The Registrant acknowledges that a breach of this Section by the Registrant and/or its agent, assignee, sub-licensor, or any other third party, will constitute a material breach of this Agreement, which will entitle the Registry to terminate this Agreement or take such other action as it deems necessary or desirable, without any refund of the Registration Fee, at the Registry’s sole discretion. Further, in the event of such termination, the Registry or Crazy Domains may, in such party’s sole discretion, refuse registration of domain names by Registrant or discontinue services with respect to the Registrant’s domain name or any other domain name which, in the sole discretion of the Registry or its delegee, it deems to be related, including but not limited to other domain names registered by the same Registrant and/or agent. In case of such refusal or discontinuation without cause (“cause” being defined as dishonouring any payment made to Crazy Domains and/or the Registry or any violation of the Registry Policies), neither the Registry nor Crazy Domains shall be liable for any loss, damage, or other injury whatsoever, including but not limited to economic or consequential loss and/or damages, resulting from the Registry’s or Crazy Domains’ refusal to register, or decision to discontinue services for, the Registrant’s domain name, including to the extent permitted by applicable law in cases of negligence.
Registrant Representations and Warranties. The Registrant represents, warrants, and covenants that:
1. the Registrant understands that registration entitles the Registrant only to a limited license for the use of the domain name(s) for the Term, subject to compliance with this Agreement, the Registry Policies and other applicable rules and laws, including those concerning trademarks and other types of intellectual property rights, as these may now exist or be revised from time to time. Registrant agrees to be bound and abide by any ICANN Consensus Policies including, but not limited to, the Uniform Domain Name Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension (URS), as now in effect and as may be adopted and/or amended at any time and from time to time;
2. neither the registration of the domain name, nor the manner in which it is to be directly or indirectly used by the Registrant or otherwise, will or may infringe the legal rights or intellectual property rights of a third party;
3. the Registrant will use or display the domain name in accordance with the laws, rules, and regulations of any applicable national, state, territorial, or international or other laws, rules, and regulations, and ICANN Consensus Policies, and will not use the domain name in any way which violates or may violate a right of the Registry or any third party;
4. any violation of these Registry Policies may result in lock, suspension, or termination of the domain name in question or other domain names the Registrant may have registered in the TLD, in the Registry’s sole discretion;
5. the information provided by the Registrant is true, complete and accurate, and the Registrant will update said information in a timely manner if it changes;
6. the Registrant is either: (a) an identifiable human individual over the 18 years of age or otherwise recognized as being able to enter into a legally-binding contract under applicable law; or, (b) a properly described and legally-recognized entity within its national jurisdiction, e.g., corporation, limited liability company, partnership, association, society, or proprietary limited company for which the Registrant has legally binding authority to enter into this Agreement and the Registry Policies;
7. the Registrant will not, directly or indirectly, through registration or use of the domain name or otherwise:
  1. register a domain name for the purpose of unlawfully diverting trade from another business or website;
  2. deliberately register as a domain name misspellings of another person or entity’s personal, company or brand name(s) or confusingly similar domain name(s) in order to pass-off or trade on the business, goodwill or reputation of another, or otherwise infringe upon a third party’s intellectual property rights;
  3. grant or purport to grant a security interest or other encumbrance on or over the domain name unless: such security interest or other encumbrance does not exceed the rights of the Registrant in the domain name as limited by this Agreement, does not impair the Registrant’s ability to fulfil the Registrant’s obligations under this Agreement, and does not impose or purport to impose obligations on the Registry beyond the obligations owed by the Registry to the Registrant in the absence of such a security interest or encumbrance;
8. the Registrant meets, and will continue to meet for the whole of the Term, any and all eligibility criteria prescribed in the Registry Policies for registering and using the domain name;
9. the Registrant will maintain the Registrant Information provided pursuant to the requirements of this Agreement;
10. the Registrant has not previously submitted an Application for registration of a domain name for the same character string where:
  1. the Registrant is relying on the same eligibility criteria for both domain name Applications; and
  2. the domain name application has previously been rejected;
11. any content, material, email, or webpage, contained on any Uniform Resource Locator (URL), website, or webpage accessing, utilizing, or accessed by means of the domain name, complies with the Acceptable Use Policy, whether incorporated directly into, forwarded, or framed by means of the domain name or otherwise;
12. the Registrant has not relied upon any representation or promise which does not appear in this Agreement;
13. the Registrant’s use of the domain name and of any webpage, email, or URL accessed by or utilizing the domain name will comply with the requirements of the Acceptable Use Policy.
Breach and Cure. Failure of a Registrant to abide by any provision of this Agreement and all other Registry Policies will be considered a material breach. In the event of such material breach, the Registry may in its sole discretion, with the cooperation of Crazy Domains, suspend, lock, modify, or transfer the domain name and/or may provide written (which may be by email) notice to the Registrant describing the material breach. In any event, where the Registry gives notice, by way of Crazy Domains, to the Registrant, that there is a breach, the Registrant shall rectify, cure, or refute within thirty (30) calendar days. In the event a breach is not rectified, cured, or refuted by the Registrant to Registry’s sole satisfaction within the thirty (30) day period, the Registry may cancel or otherwise modify the Registrant’s registration of and license to use the domain name without refund and without further notice, and pursue any and all legal remedies it may have against the Registrant. Any such breach by the Registrant shall not be waived in the event that the Registry did not act earlier in response to the specific breach, or any other breach, by Registrant. In the event of a breach which, in the sole discretion of the Registry or Crazy Domains, causes or is likely to cause immediate harm to the public interest or the Registry, or which violates or is likely to violate any applicable law or regulation, then Crazy Domains and/or the Registry may, with the cooperation of Crazy Domains, modify, suspend, transfer, or terminate services to the Registrant without written notice; the modification, suspension, transfer, or termination of services constituting notice to Registrant that such a breach has occurred. See below for important limitations on the liability of the Registry and Crazy Domains with regard to acts by such parties under this Section.
The Registry may delegate authority to:
1. investigate any breach or potential breach of the Registry Policies; and
2. take action to cure or sanction any breach or potential breach of the Registry Policies, including the authority to immediately suspend or transfer use of a domain name upon detection by a service provider or notification, e.g., from an Internet security agency, that the domain name may contain malicious software or otherwise violates the Acceptable Use Policy.
In such circumstances, neither the Registry, Crazy Domains, nor their respective employees, directors, officers, affiliates, representatives, delegees, shareholders, agents, successors, and/or assigns nor any external service provider or Internet security agency triggering the suspension or transfer shall be liable to the Registrant or any other person on account of any service disruption or loss, irrespective of the nature of that loss.
Disputes Between Registrants. The Registrant acknowledges that the Registry cannot, and does not, screen or otherwise review any Application to verify that the Registrant has the legal right to use a particular character string as or in a domain name, or that the Registrant will not infringe the rights of a third party. In the event that any third party disputes the Registrant’s legal right to use, display, exploit, or register the domain name in any fashion, including allegations that infringing material (as defined in the Acceptable Use Policy) is displayed on or forwarded, including via the use of frames, to a website which is resolved via the domain name or that the registration or use of the domain name itself infringes the third party’s rights, the Registrant shall act in accordance with and agree to be bound by the ICANN-mandated URS, UDRP, applicable ICANN Consensus Policies, and the Registry’s CRS. The Registrant will be solely liable in the event that the Registrant’s use of the domain name is found to constitute an infringement or other violation of a third party’s rights.
Indemnity. The Registrant shall indemnify and hold harmless the Registry, Crazy Domains, and such parties’ officers, directors, shareholders, owners, managers, employees, agents, representatives, contractors, affiliates, successors, assigns, and attorneys (the Registry Related Parties) from and against any and all claims made by third parties against the Registrant or Registry Related Parties, including, but not limited to, all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including lawyers or attorneys’ fees, which fees shall be determined on a full indemnity basis (which lawyers or attorneys shall be hired at the sole discretion of the indemnified party), and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Agreement, the registration or use of domain name registration or other services, or the domain name itself, including the Registrant’s use, display, exploitation, or registration of the domain name, as well as for any infringing or otherwise damaging content displayed or otherwise made available on or by means of the domain name. If an indemnified party is threatened by claims or suit of a third party, the indemnified party may seek written assurances from the Registrant concerning the Registrant’s indemnification obligations but will not be required to do so in order to rely upon this indemnity. Failure to provide such written assurances in a form satisfactory to the indemnified party is a material breach of this Agreement. Failure of the Registrant to fully indemnify the indemnified party in a timely manner may result in termination, suspension, transfer, or modification of the domain name registration services and any such termination, suspension, transfer, or modification shall in no way prejudice or substitute for an indemnified party’s right to seek indemnification by way of litigation or otherwise.
DISCLAIMER AND LIMITATION OF LIABILITY. THE REGISTRANT ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND THE REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, OR OTHERWISE RELATING TO THE USE, SUSPENSION, TERMINATION OR THE INABILITY TO USE THE DOMAIN NAME OR IN ANY OTHER WAY RELATED TO THE DOMAIN NAME, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING IN THE CASE OF NEGLIGENCE BY THE REGISTRY AND/OR REGISTRY RELATED PARTIES), OR OTHERWISE. THE REGISTRY’S LIABILITY FOR ANY BREACH OF A CONDITION OR WARRANTY IMPLIED BY ANY OF THE REGISTRY POLICIES, INCLUDING THE NAMING POLICY, ACCEPTABLE USE POLICY, REGISTRANT AGREEMENT, PRIVACY & WHOIS POLICY, COMPLAINT RESOLUTION SERVICE, AND/OR THE REGISTRY–REGISTRAR AGREEMENT SHALL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE TO ONE OF THE FOLLOWING (AS THE REGISTRY MAY DETERMINE IN ITS SOLE DISCRETION:
1. SUPPLYING THE DOMAIN NAME AGAIN; OR
2. PAYING THE REASONABLE COST INCURRED OF HAVING THE SERVICES SUPPLIED AGAIN.
ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND THE REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM “HACKING,” DENIAL OF SERVICE ATTACK, VIRUS, WORM, OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN NAME OR SERVICES RELATED TO THE DOMAIN NAME.

IN THE EVENT THAT THE REGISTRY OR A REGISTRY RELATED PARTY TAKES ACTION WITH RESPECT TO A REGISTRY DOMAIN NAME PURSUANT TO THE REGISTRY POLICIES, WHICH ACTION IS REVERSED, MODIFIED, OR ACKNOWLEDGED TO HAVE BEEN INCORRECT BY THE REGISTRY AND/OR A REGISTRY RELATED PARTY, BY OR THROUGH THE REGISTRY COMPLAINT RESOLUTION SERVICE, OR BY A COURT, THEN REGISTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND/OR REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER THEREBY, EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT’S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE DOMAIN NAME OR, AT THE SOLE DISCRETION OF THE REGISTRY, A REFUND OF THE REGISTRATION FEE, RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM) OR REDEMPTION FEE, WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT.

IN ADDITION, THE REGISTRY AND/OR REGISTRY RELATED PARTIES ARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOT LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, TELECOMMUNICATION FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE REGISTRY TOP-LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT’S SOLE REMEDY FOR THE REGISTRY OR REGISTRY RELATED PARTIES’ BREACH OF THIS AGREEMENT OR NEGLIGENCE OF ANY TIME SHALL BE, AT THE SOLE DISCRETION OF THE REGISTRY OR THE REGISTRY RELATED PARTIES, THE RESUPPLY OF THE DOMAIN NAME OR A REFUND OF THE REGISTRATION FEE, REDEMPTION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE REGISTRANT’S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO THE REGISTRY OR REGISTRY RELATED PARTIES BY THE REGISTRANT.
Notices. Notices to the Registry shall be delivered by registered or certified mail, postage prepaid, or reputable commercial courier service (e.g., DHL) in the manner of quickest delivery (i.e., overnight delivery, if possible) to:

Dot Kiwi Limited
PO Box 8207
Symonds Street

Auckland
New Zealand

Notices mailed by official mail shall be deemed delivered on signed receipt.

Notices to Registrant shall be delivered by registered or certified mail, postage prepaid, or reputable receipted commercial courier service (e.g., DHL) in the manner of quickest delivery (i.e., overnight delivery, if possible) or, in the sole discretion of the Registry or its agent such as a Registry Related Party, by email or fax to the Registrant, such notice to be deemed delivered upon transmission.
Governing Law/Forum Selection. For all disputes in which the Registry may be or is a party, this Agreement shall be exclusively governed by and construed in accordance with the laws of the Commonwealth of Australia and applicable to contracts made and wholly performed therein, without regard to conflict of laws principles. The Registrant hereby irrevocably consents to the exclusive jurisdiction of the Courts of the Commonwealth of Australia, for any and all claims or disputes directed against the Registry and which arise out of, purport to enforce, construe, or otherwise relate to the domain name, this Agreement, or Registry Policies. The exclusive venue for such action shall be the Courts of the Commonwealth of Australia. The Registrant waives any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and the Registrant waives any statutory or other right pursuant to the laws of the jurisdiction in which Registrant resides to have a case relating to this Agreement adjudicated or resolved in that jurisdiction. By way of information and not as a term binding against the Registry, disputes not involving the Registry as a party may be governed by a governing law and/or forum selection clause contained in a separate agreement, if any, between the Registrant and such other disputant (for example, disputes between FEMP and a Registrant may be governed by a separate agreement, if any, between the Registrant and FEMP); provided, however, that no such separate agreement may modify or waive either the Registry’s or Registrant’s consent to exclusive choice of law, jurisdiction, and venue in the Commonwealth of Australia for disputes in which the Registry is or may be a party, as described above.
Ownership of Information and Data. Subject to any limitations of the privacy laws of the Commonwealth of Australia, Registrant agrees and acknowledges that the Registry and/or any Registry delegee shall own all database, compilation, collective, and similar rights, title, and interests worldwide in any domain name database(s) and all information and derivative works generated from the domain name database(s), and that such domain name database may include, without limitation, any information supplied by Registrant or by the Registry that appears or should appear in the Whois or similar information repositories, and any other information generated or obtained in connection with providing domain name registration services.
Severability. If any provision of this Agreement or the Registry Policies is held invalid, unenforceable, or void, the remainder of the Agreement or the Registry Policies, as applicable, shall not be affected thereby and shall continue in full force and effect as nearly as possible to reflect the original intention of Crazy Domains, Registry, and Registrant in executing this Agreement.
No Waiver. The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party.
Full Integration. This Agreement, as it may be modified at any time and from time to time as provided for herein, together with the Registry Policies, as they may be modified at any time and from time to time, expressly incorporated herein by reference, constitutes the entire agreement between the Registrant and Crazy Domains for the benefit of the Registry relating to the domain name. No prior or contemporaneous written, oral, and/or electronic representation, negotiation, or agreement form a part of this Agreement, and this Agreement supersedes all prior written, oral, or electronic agreements between the Registrant and the Registry relating to the domain name. Additional agreements, if any, may be entered into between the Registrant and Crazy Domains relating to domain name services provided by Crazy Domains, provided that no such additional agreement may waive, alter, or supersede any provision of this Agreement, neither may such an additional agreement impose any obligation upon the Registry without the Registry’s express prior written consent. If there is any conflict between such additional agreements and this Agreement, this Agreement shall prevail.
Written Agreement. This Agreement constitutes a written agreement between the Registrant and Crazy Domains for the benefit of the Registry even though the Registrant’s Application may be dispatched electronically, and even though the Registry may accept the Application electronically. A printed version of this Agreement, and of any notice given in electronic form related to this Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
Assignment. The parties agree that the Registry may assign, sub-assign, transfer, sell, license, or sub-license its rights and obligations under this Agreement or any portion thereof to a third party without prior written notice to the Registrant.
Survival of Obligations. The parties agree that clauses 6 (Scope of Registration), 7 (Registrant Representations and Warranties), 8 (Breach and Cure), 9 (Disputes Between Registrants), 10 (Indemnity), 11 (DISCLAIMER AND LIMITATION OF LIABILITY), 12 (Notices), 13 (Governing Law/Forum Selection), 14 (Ownership of Information and Data), and 15 (Severability) of these Registration Terms shall survive the expiry or termination of this Agreement.
Headings. The headings of sections contained in this Agreement are inserted solely for convenience and ease of reference only and shall not constitute any part of this agreement, or have any effect on its interpretation or construction.
Third Party Beneficiary. The Registry is an intended third party beneficiary of this Agreement with rights to enforce its terms. The Registrant agrees to cooperate with the Registry or Crazy Domains in Agreement compliance-related matters.

21.37.7 .luxury Domain Name License Terms

21.37.7.1 Registry

The Registry for .luxury is Luxury Partners LLC. The Registry website is located at http://www.dotluxury.com and http://nic.luxury/.

21.37.7.2 Policy

You agree to comply and be bound by all Registry policy, including but not limited to the Acceptable Use and Takedown Policy, Data Protection and Privacy Policy, Landrush Policy, Reserved and Restricted Names Policy, Sunrise Policy, Sunrise Dispute Resolution Policy – National Arbitration Forum and WHOIS Policy which can be located at www.nic.luxury/#documents.

You agree to comply with ICANN standards, policies, procedures and practices, which can be located at http://www.icann.org.

21.37.7.3 Privacy and Personal Data

The Registry shall handle Personal Data submitted to the Registry by the Registrar in accordance with its published privacy policy located at http://nic.luxury/data/nic.luxury/Policy_Data%20Protection%20and%20Privacy_luxury.pdf

The Registry shall take reasonable steps to protect Personal Data submitted to the Registry by the Registrant from loss, misuse, unauthorised disclosure, alteration or destruction. The Registry may from time to time use the demographic data collected for statistical analysis or other business purposes, provided that this use will not disclose individual personal data. This paragraph does not apply to publically available information.

You acknowledge and agree to the use, copying, distribution, publication, modification and other processing of your Personal Data by the Registry and its designees and agents in a manner consistent with the purposes specified in the above paragraph, current ICANN policies, and with relevant mandatory local data protection, laws and privacy.

21.37.7.4 Registration Information

You acknowledge and agree that you will correct and update your registration information during the registration term for your registered domain name.

21.37.7.5 Abuse

to protect the integrity and stability of the registry;
to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;
to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement;
to avoid any liability, civil or criminal, on the part of the Registry, as well as its affiliates, subsidiaries, officers, directors, and employees;
per the terms of the registration agreement;
to correct mistakes made by the Registry or the Registrar in connection with a domain name registration.

The Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.

21.37.7.6 Indemnity

21.37.7.7 Liability

the ability or inability of a registrant to obtain a registered domain name during these periods; and
the results of any dispute over a sunrise registration

21.37.7.8 Disputes

You also agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension System (URS).

21.37.7.9 Third Party Beneficiaries

Notwithstanding anything in this Agreement to the contrary, Luxury Partners, LLC, the Registry of the .LUXURY TLD, is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of Luxury Partners, LLC have vested and that Luxury Partners, LLC has relied on its third party beneficiary rights under this Agreement in agreeing to Crazy Domains being a registrar for the .LUXURY TLD. Additionally, the third party beneficiary rights of Luxury Partners, LLC shall survive any termination of this Agreement.

21.37.7.10 Governing Law

21.37.8 .best Domain Name License Terms

21.37.8.1 Registry

The Registry for .best is BestTLD Pty Ltd.

21.37.8.2 Policy

You agree to comply and be bound by all Registry policy, including but not limited to the Naming Policy, Acceptable Use Policy, Privacy & Whois Policy and Complaint Resolution Service.

You agree to comply with ICANN standards, policies, procedures and practices, which can be located at http://www.icann.org.

21.37.8.3 Privacy and Personal Data

The Registry shall take all steps required by applicable laws, rules, and regulations to protect Personal Information from loss, misuse, unauthorized disclosure, alteration or destruction; provided, however, that the Registry shall not be liable in the event of the loss, misuse, unauthorized disclosure, alteration or destruction of Personal Information. The Registry shall not use or authorize the use of Personal Information in a way that is incompatible with applicable laws, rules, and regulations. The Registry may from time to time use the demographic data collected for statistical analysis, provided that this analysis will not disclose individual Personal information. The Registry will not share, sell, rent or otherwise disclose such Personal Information to any third parties.

21.37.8.4 Disputes

You agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP), Uniform Rapid Suspension System (URS), Complaint Resolution Service (CRS) and the Inter-Registrar Transfer Policy, each in their most recent form and each as may be amended from time to time.

21.37.8.5 Abuse

to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs);
to protect the integrity, security and stability of the Internet or Registry;
to comply with any applicable laws, government rules or requirements, requests of law enforcement or any other relevant authority or in compliance with any dispute resolution process;
to avoid any liability, civil or criminal, on the part of the Registry and Registry Service Provider and their affiliates, subsidiaries, subcontractors, officers, directors, employees and stockholders;
for violations of this Agreement and its Exhibits;
to correct mistakes made by the Registry or the Registrar in connection with a domain name registration;
if required by a URS, UDRP, CRS proceeding;
to ensure compliance with ICANN and/or Registry policies and/or procedures; or
for the non-payment of fees to the Registry.

21.37.8.6 Indemnity

You agree to indemnify and hold harmless the Registry and its subcontractors, and its and their employees, directors, officers, representatives, delegates, shareholders, affiliates, agents, successors, and/or assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable legal fees and expenses arising out of or relating to, for any reason whatsoever, the Registrant’s domain name registration. This indemnification obligation shall survive the termination or expiration of the registration agreement.

21.37.8.7 Governing Law

This Agreement shall be exclusively governed by and construed in accordance with the laws of the Commonwealth of Australia applicable to contracts made and wholly performed therein, without regard to conflict of laws principles. You hereby irrevocably consent to the exclusive personal jurisdiction of the courts of the Commonwealth of Australia, for any and all claims or disputes directed against the Registry and which arise out of, purport to enforce, construe, or otherwise relate to the TLD, this Agreement, or the Registry policies.

21.37.9 .berlin Domain Name License Terms

21.37.9.1 Registry

The Registry for .berlin is dotBERLIN GmbH & Co. KG. The Registry website is located at http://dotberlin.de/en.

21.37.9.2 Policy

You agree to comply and be bound by all Registry policy, including but not limited to the Anti-Abuse Policy, Registration, Reserved Domain Names Policy, Sunrise Policy, Sunrise Dispute Resolution Policy (SDRP), Eligibility Requirements Dispute Resolution Policy (ERDRP) and WHOIS Policy which can be located at http://dot.berlin/de/berlin-policies.

You agree to comply with ICANN standards, policies, procedures and practices, which can be located at http://www.icann.org.

21.37.9.3 Privacy and Personal Data

Personal Data submitted to the Registry by Crazy Domains under this Agreement will be collected and used by the Registry for the purposes of providing Registry Services as defined in ICANN’s Registry Agreement (including but not limited to publication of registration data in the directory services, also known as “Whois” or “RDDS”). The Registry shall not use or authorize the use of Personal Data in any way that is incompatible with such purposes. The Registry will not share, rent, lease or assign the data to any third party. When required by ICANN, however, the Registry may make Personal Data available to ICANN or relevant and competent authorities for inspection.

You acknowledge and agree to the collection, use and disclosure of your Personal Data by the Registry for the purposes outlined in the above paragraph.

The Registry shall take reasonable steps to protect Personal Data collected from Registrar from loss, misuse, unauthorized disclosure, alteration or destruction.

21.37.9.4 Acknowledgements

You acknowledge and agree that:

you are fully responsible for the registration and use of your registered Domain Name; and
you will immediately correct and update the registration information for the registered name during the registration term;

21.37.9.5 Abuse

In accordance with the Registry’s Anti-Abuse Policy, you accept and agree to abstain from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activities contrary to any applicable law.

You acknowledge and expressly agree that the Registry and Registry service providers acting on behalf on the Registry reserve the right to change the status of the relevant Domain Names(s) during the resolution of a dispute, a compliance procedure, upon a request from a competent authority (e.g. put on hold, lock), as well as to deny, modify, cancel, suspend or transfer any registration that it deems necessary, in its complete discretion, in order to:

protect the integrity, security and stability of the Registry System;
comply with all appropriate laws, government rules or requirements, requests of law enforcement, or any other relevant authority, or in compliance with any dispute resolution process;
avoid any liability of the Registry its, affiliates, shareholders, subsidiaries, officers, directors, and employees;
stop or prevent any violations of any terms and conditions of this Agreement;
correct mistakes made by the Registry , Registry service providers or any Registrar in relation to a domain name registration; and
ensure compliance with ICANN and/or Registry Policies.

21.37.9.6 Indemnity

You indemnify, to the maximum extent permitted by Law, defend and hold harmless the Registry, Registry’s service providers, Registry shareholders, and Registers directors, officers and employees and agents from and against any claim, damages, liabilities, costs and expenses (including reasonable lawyer fees) arising out of or relating to Registrant’s Domain Name registration and/or use.

21.37.9.7 Liability

You acknowledge and agree that if you use a proxy, privacy and/or third-party service to register a Domain Name on your behalf, the proxy, privacy and or third-party service provider is deemed to be the Registrant and any actions and/or inactions that are in violation of any applicable policies, rules, procedures, terms, condition, regulation, and Applicable Law are the responsibility of the Registrant.

21.37.9.8 Disputes

You agree to submit to proceedings commenced under other dispute policies as set forth by the Registry from time to time in the Registry Policies, including but not limited to the Sunrise Dispute Resolution Policy (SDRP) and the Eligibility Requirements Dispute Resolution Policy.

You also agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension System (URS).

21.37.9.9 Third Party Beneficiaries

You acknowledge that the Registry is a third party beneficiary of the Registration Agreement and is entitled to enforce its rights vested by the Registration Agreement. The rights in these cases or issues vested in the Registry as beneficiary of the Registration Agreement shall survive the termination or expiration of said Registration Agreement.

21.37.9.10 Governing Law

This Agreement shall be governed and be construed under the laws of Germany, without giving effect to any conflict of law rules.

21.37.10 .archi Domain Name License Terms

21.37.10.1 Registry

The Registry for .archi is Starting Dot Limited. The Registry website is located at www.startingdot.com/our-top-level-domains/ and www.dot-archi.com.

21.37.10.2 Policy

You agree to comply and be bound by all Registry policy, including but not limited to the .ARCHI Domain Name Policy and .ARCHI Launch Plan Policy, which can be located at www.startingdot.com/our-top-level-domains/archi-policies/. You also agree to the sunrise period and the land rush period and the Sunrise Dispute Resolution Policy.

You agree to comply with ICANN standards, policies, procedures and practices, which can be located at http://www.icann.org.

21.37.10.3 Privacy and Personal Data

Starting Dot shall take reasonable steps to protect Personal Data from loss, misuse, unauthorised disclosure, alteration or destruction. Starting Dot may from time to time use the demographic data collected for statistical analysis, provided that this analysis will not disclose individual Personal Data.

You acknowledge and agree to the use, copying, distribution, publication, modification and other processing of your Personal Data by Starting Dot and its designees and agents in a manner consistent with the purposes specified pursuant to the above paragraph.

21.37.10.4 Registration Information

By registering a .archi domain name, you certify that you are an individual professional architect (or an architecture firm) registered as a member of a national architects association authorized by the registry, or an architecture-related organization authorized by the registry.

You acknowledge and agree that you will immediately correct and update your registration information during the registration term for your registered domain name, including Personal Data.

21.37.10.5 Abuse

You acknowledge and agree that Starting Dot reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, suspension or similar status, 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, or any dispute resolution process;
to avoid any liability, civil or criminal, on the part of the Registry, as well as its affiliates, subsidiaries, officers, directors, and employees;
per the terms of the registration agreement;
to correct mistakes made by Starting Dot or the Registrar in connection with a domain name registration.

The Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.

21.37.10.6 Indemnity

You agree to indemnify, defend and hold harmless Starting Dot, and its subcontractors, and also the directors, officers, employees, affiliates and agents of each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registrant’s domain name registration. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.

21.37.10.7 Liability

You agree and acknowledge that Starting Dot has 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:

the ability or inability of a registrant to obtain a registered domain name during these periods; and
the results of any dispute over a sunrise registration

21.37.10.8 Disputes

You agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”), the Uniform Rapid Suspension (“URS”), or any other dispute resolution mechanism imposed by ICANN and/or organised by Starting Dot.

21.37.10.9 Third Party Beneficiaries

You acknowledge and expressly agree that ICANN is an intended third-party beneficiary of this Agreement. Otherwise, this Agreement shall not be construed to create any obligation by either party to any non-party to this Agreement, including any holder of a Registered Name.

21.37.10.10 Governing Law

This Agreement is to be construed in accordance with and governed by the laws of the State Ireland.

21.37.11 .bio Domain Name License Terms

21.37.11.1 Registry

The Registry for .bio is Starting Dot Limited. The Registry website is located at www.startingdot.com/our-top-level-domains/ and www.dot-bio.net.

21.37.11.2 Policy

You agree to comply and be bound by all Registry policy, including but not limited to the .BIO Domain Name Policy, .BIO Launch Plan and .BIO Sunrise Dispute Resolution Policy which can be located at www.startingdot.com/bio/policies/.

You agree to comply with ICANN standards, policies, procedures and practices, which can be located at http://www.icann.org.

21.37.11.3 Privacy and Personal Data

21.37.11.4 Registration Information

By registering a .bio domain name, you commit to not undermine the Principles of Organic Agriculture as formulated by the IFOAM (POA). If you are a producer, transformer or retailer in the field of agriculture, food and farming, you commit to abide by POA and by any regulations in force in the relevant markets where you intend to present or promote your products within the on-line content associated with this .BIO domain name(s).

IFOAM website can be located at http://www.ifoam.org/en/organic-landmarks/principles-organic-agriculture.

You acknowledge and agree that you will immediately correct and update your registration information during the registration term for your registered domain name, including Personal Data.

21.37.11.5 Abuse

to protect the integrity and stability of the registry;
to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;
to avoid any liability, civil or criminal, on the part of the Registry, as well as its affiliates, subsidiaries, officers, directors, and employees;
per the terms of the registration agreement;
to correct mistakes made by Starting Dot or the Registrar in connection with a domain name registration.

The Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.

21.37.11.6 Indemnity

21.37.11.7 Liability

the ability or inability of a registrant to obtain a registered domain name during these periods; and
the results of any dispute over a sunrise registration

21.37.11.8 Disputes

21.37.11.9 Third Party Beneficiaries

21.37.11.10 Governing Law

This Agreement is to be construed in accordance with and governed by the laws of the State Ireland.

21.37.12 .jetzt Domain Name License Terms

21.37.12.1 Registry

The Registry for .jetzt is New TLD Company AB. The Registry website is located at http://www.newtldcompany.com/en.

21.37.12.2 Policy

You agree to comply and be bound by all Registry policy, including but not limited to the .Jetzt Privacy Policy and the .Jetzt Acceptable use Policy.

You agree to comply with ICANN standards, policies, procedures and practices, which can be located at http://www.icann.org.

21.37.12.3 Privacy and Personal Data

The Registry shall take reasonable steps to protect Personal Data from loss, misuse, unauthorised disclosure, alteration or destruction. The Registry shall not use or authorize the use of Personal Data in a way that is incompatible with the Privacy Policy. Notwithstanding the above, the Registry may from time to time use the demographic data collected for statistical analysis, provided that this analysis will not disclose individual Personal Data and provided such use is compatible with the Privacy Policy.

You acknowledge and agree to the collection and use of Personal Data by Crazy Domains and the Registry in accordance with the Privacy Policy.

21.37.12.4 Registration Information

You acknowledge and agree that the data provided in your domain name registration application is true, correct, up to date and complete. You also agree to keep such information provided up to date.

21.37.12.5 Abuse

You acknowledge and agree that the Registry reserves the right to deny, cancel place on registry-lock or hold, 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;
to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, employees and stockholders;
for violations of this Agreement and its Exhibits; or
to correct mistakes made by the Registry or any Registrar in connection with a domain name registration.

The Registry also reserves the right to lock or place on hold a domain name during resolution of a dispute.

21.37.12.6 Indemnity

You agree to indemnify, defend and hold harmless the Registry, and its subcontractors, directors, officers, employees, affiliates and agents of each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registrant’s domain name registration. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.

21.37.12.7 Disputes

The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/udrp/policy; and
The Uniform Rapid Suspension policy, available at http://www.icann.org/en/resources/registries/urs.

21.37.12.8 Third Party Beneficiaries

21.37.12.9 Governing Law

This Agreement is to be construed in accordance with and governed by the laws of Sweden.

21.37.13 .UNO Domain Name License Terms

21.37.13.1 Registry

The Registry for .UNO is Dot Latin LLC. The Registry website is located at www.unodominio.com.

21.37.13.2 Policy

You agree to comply and be bound by all Registry policy.

You also agree to comply with ICANN standards, policies, procedures and practices, which can be located at http://www.icann.org.

21.37.13.3 Privacy and Personal Data

The Registry and Registry Service Provider shall take reasonable steps to protect Personal Data from loss, misuse, unauthorised disclosure, alteration or destruction. Personal Data submitted to the Registry by Crazy Domains under this Agreement will be collected and used by the Registry for the purposes of providing Registry Services as defined in ICANN’s Registry Agreements (including but not limited to publication of registration data in the directory services, also known as “Whois” or “RDDS”) and to protect the security and stability of the Registry Services and Systems. Notwithstanding the above, the Registry may from time to time use the demographic data collected for internal statistical analysis, provided that this analysis will not disclose individual Personal Data Except as set forth herein, the Registry will not share, sell, rent or otherwise disclose such Personal Data to any third parties, other than Registry Service Provider, ICANN and ICANN’s authorized agents, without Registrar’s prior written consent, which shall not be unreasonably withheld.

You acknowledge and agree to the collection and use of your Personal Data by the Registry in a manner consistent with the purposes specified pursuant to the above paragraph.

21.37.13.3.1 Dispute Resolution

The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/udrp/policy;
The Uniform Rapid Suspension Procedure and Rules, available at http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en; and
The Transfer Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/tdrp

21.37.13.4 Rights Protection Mechanisms

The Registry shall comply with the Trademark Clearinghouse Rights Protection Mechanism Requirements or any successor document related to the same as approved and published by ICANN.

21.37.13.4.1 Abuse

to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs);
to correct mistakes made by the Registry or the Registrar in connection with a domain name registration;
for the non-payment of fees to the Registry.
to protect the integrity, security and stability of the Internet or Registry;
to comply with any applicable laws, government rules or requirements, requests of law enforcement or any other relevant authority or in compliance with any dispute resolution process;
to avoid any liability, civil or criminal, on the part of the Registry and Registry Service Provider and their affiliates, subsidiaries, subcontractors, officers, directors, employees and stockholders;
for violations of this Agreement and its Exhibits;
to ensure compliance with ICANN and/or Registry policies and/or procedures; or
during the resolution of a dispute.

21.37.13.5 Registration

You acknowledge and agree that the data provided by you in the domain name registration application is true, correct, up to date and complete.

You certify that you have the authority to enter into the registration agreement.

21.37.13.6 Reserved Names and Premium Auctions

The Registry may reserve, and not allow the registration of any Registry TLD strings which:

appear on the list of reserved TLD(s) strings set forth in Specification 5 of the Registry Agreement; or
such other names as are designated by the Registry to be reserved prior to General Availability of the Registry TLD to the public.

21.37.13.7 Sunrise

21.37.13.8 Liability

21.37.13.9 Indemnity

21.37.13.10 Governing Law

This Agreement is to be construed in accordance with and governed by the laws of the State of Kansas without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the laws of the State of Kansas to the rights and duties of the Parties.

You expressly and irrevocably consent and submit to the jurisdiction and venue of each court of competent jurisdiction within the State of Kansas in connection with any legal proceeding.

21.37.14 .voting Domain Name License Terms

21.37.14.1 Registry

The Registry for .voting is Valuetainment Corp. The Registry website is located at www.nic.voting.

21.37.14.2 Policy

You agree to comply and be bound by all Registry policy, including but not limited to the .voting Eligibility Policy, .voting Domain Name Registration Policy, .voting Acceptable Use Policy, .voting Rapid Takedown Policy, .voting Whois Policy, .voting Sunrise Dispute Resolution Policy and .voting Phased Roll-out Policy which can be located at www.nic.voting/policies/index_en.html.

You agree to comply with ICANN standards, policies, procedures and practices, which can be located at http://www.icann.org.

21.37.14.3 Privacy and Personal Data

VOTING-Registry shall take reasonable steps to protect Personal Data from loss, misuse, unauthorized disclosure, alteration or destruction. VOTING-Registry may from time to time use the demographic data collected for statistical analysis, provided that this analysis will not disclose individual Personal Data.

21.37.14.4 Dispute Resolution

The Uniform Domain Name Dispute Resolution Policy, available at https://www.icann.org/resources/pages/policy-2012-02-25-en;
The Inter Registrar Transfer Policy, available at https://www.icann.org/resources/pages/policy-2012-03-07-en

21.37.14.5 Abuse

You acknowledge and agree that VOTING-Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion:

to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs);
to correct mistakes made by VOTING-Registry or the Registrar in connection with a domain name registration; or
for the non-payment of fees to VOTING-Registry.

21.37.14.6 Indemnity

You acknowledge and agree to indemnify, defend and hold harmless VOTING-Registry and its subcontractors, and its and their directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to, for any reason whatsoever, the Registered Name Holder’s domain name registration. This indemnification obligation survives the termination or expiration of the registration agreement.

21.37.14.7 Governing Law

This Agreement is to be construed in accordance with and governed by the laws of Switzerland without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the laws of Switzerland to the rights and duties of the Parties.

21.37.15 .melbourne Specific Terms

The following clause (21.37.15) applies specifically to .melbourne domain names.

21.37.15.1 .melbourne Domain Name Licence Terms

Your application for a .melbourne domain name license implies understanding and agreement to all policies held by us, the Registry Operator (ARI Registry Services), http://nic.melbourne/policies/ and ICANN.

The Registrant applies consent to the use, copying, distribution, publication, modification and other processing of Registrants personal data by the Registry Operator and its agents.

FEMP does not operate any part of the domain name systems, or grant licensing for domain names. Crazy Domains FZ-LLC is the registrar for .melbourne domain names. FEMP is a reseller of Crazy Domains FZ-LLC in this respect. The actions of Crazy Domains FZ-LLC are independently run beyond our control.

Crazy Domains FZ-LLC’s obligations as registrar include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
Carrying out limited functions on behalf of the registry operators
Serving as a registrar of record
Provision of online facilities for the management of domain names
Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.37.15.2 Right to Deny

21.37.15.3 Dispute Resolution

All .melbourne registrations are subject to ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP). You hereby agree to proceed under this policy either as the registrant or complainant.

21.37.16 .menu Doman Name Licence Terms

21.37.16.1 Registry

The Registry for .menu is Wedding TLD2 LLC. The Registry website is located at http://www.dot-menu.com

21.37.16.2 Policy

You agree to comply and be bound by all Registry policy, including but not limited to the Acceptable Use and Takedown Policy, Data Protection and Privacy Policy, Landrush Policy, Reserved & Restricted Names Policy, Sunrise Policy and WHOIS Policy which can be located at www.dot-menu.com.

You agree to comply with ICANN standards, policies, procedures and practices, which can be located at http://www.icann.org.

21.37.16.3 Privacy and Personal Data

The Registry shall handle Personal Data submitted to the Registry by the Registrar in accordance with its published privacy policy located at http://www.dot-menu.com/wp-content/uploads/2013/11/Data-Protection-and-Privacy-Policy_menu1.pdf.

The Registry shall take reasonable steps to protect Personal Data submitted to the Registry by the Registrant from loss, misuse, unauthorised disclosure, alteration or destruction. The Registry may from time to time use the demographic data collected for statistical analysis or other business purposes, provided that this use will not disclose individual personal data. This paragraph does not apply to publically available information.

21.37.16.4 Registration Information

You acknowledge and agree that you will correct and update your registration information during the registration term for your registered domain name.

21.37.16.5 Abuse

to protect the integrity and stability of the registry;
to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;
to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement;
to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees;
per the terms of the registration agreement;
to correct mistakes made by the Registry or the Registrar in connection with a domain name registration.

The Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.

21.37.16.6 Indemnity

21.37.16.7 Liability

You agree to be bound by the terms and conditions of the initial launch of .menu, including without limitation the sunrise period and the land rush period, and the Start-Up Policies. You further agree and acknowledge that the Registry has 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:

the ability or inability of a registrant to obtain a registered domain name during these periods; and
the results of any dispute over a sunrise registration.

21.37.16.8 Disputes

You also agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension System (URS).

21.37.16.9 Third Party Beneficiaries

Notwithstanding anything in this Agreement to the contrary, Wedding TLD2, LLC, the Registry of the .MENU TLD, is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of Wedding TLD2, LLC have vested and that Wedding TLD2, LLC has relied on its third party beneficiary rights under this Agreement in agreeing to Crazy Domains FZ-LLC being a registrar for the .MENU TLD. Additionally, the third party beneficiary rights of Wedding TLD2, LLC shall survive any termination of this Agreement.

21.37.16.10 Governing Law

21.37.17 Specific Terms for New TLDs operated by Uniregistry

The TLDs operated by Uniregistry can be found at https://uniregistry.com/domains.

21.37.17.1 Policy

You agree to comply and be bound by all Uniregistry’s Acceptable Use policies and Terms of Service, as they may be updated from time to time and published on the Uniregistry website specific to the Uniregistry TLD for the Registered Name, and consistent with Uniregistry’s Registry Agreement with ICANN.

You agree to comply with ICANN standards, policies, procedures and practices, which can be located at http://www.icann.org.

21.37.17.2 Privacy and Personal Data

You accept and agree that personal data collected by us will be shared with Uniregistry during the registration process.

Uniregistry shall take reasonable steps to protect Personal Data from loss, misuse, unauthorised disclosure, alteration or destruction. Uniregistry may from time to time use the demographic data collected for statistical analysis, provided that this analysis will not disclose individual Personal Data.

21.37.17.3 Dispute Resolution

The Uniform Domain Name Dispute Resolution Policy, available at https://www.icann.org/resources/pages/policy-2012-02-25-en;
The Inter Registrar Transfer Policy, available at https://www.icann.org/resources/pages/policy-2012-03-07-en

21.37.17.4 Abuse

You acknowledge and agree that Uniregistry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion:

to correct mistakes made by Uniregistry or the Registrar in connection with a domain name registration; or
for the non-payment of fees to Uniregistry.

21.37.17.5 Acknowledgement

As a condition of purchasing and using a Registered Name in the Uniregistry TLDs you acknowledge and agree that:

any Registered name(s) allocated to you during any Uniregistry Sunrise Period are non-transferrable for the first ten (10) years after registration; and
if you have purchased a .SEXY TLD, you shall not permit content unsuitable for viewing by a minor to be viewed from the main or top-level directory of a .SEXY domain name. For purposes of clarity, content viewed at the main or top-level directory of a .SEXY domain name is the content immediately visible if a user navigates to http://example.sexy or http://www.example.sexy. No restrictions apply to the content at any other page or subdirectory addressed by a .SEXY registered domain name.
for the .DIET, .HIPHOP and .JUEGOS domains, you will abide by all applicable laws regarding privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures.
1. for the .DIET, .HIPHOP and .JUEGOS domains, you further agree that if you collect or maintain sensitive health and financial data that you will implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.

21.37.17.6 Indemnity

You acknowledge and agree to indemnify, defend and hold harmless Uniregistry and its subcontractors, and its and their directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to, for any reason whatsoever, the Registered Name Holder’s domain name registration. This indemnification obligation survives the termination or expiration of the registration agreement.

21.37.17.7 Governing Law

This Agreement is to be construed in accordance with and governed by the internal laws of the Cayman Islands without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the Cayman Islands to the rights and duties of the Parties.

21.37.18 Specific Terms for New TLDs operated by United TLD Holdco Ltd (trading as Rightside)

The TLDs operated by United TLD Holdco Ltd can be found at rightside.co.

21.37.18.1 Policy

By applying to register or reserve a domain name in a Registry TLD, you represent and warrant that neither your registration nor your use of the name will infringe the intellectual property or other rights of any third party or violate the Registry’s Acceptable Use (Anti-Abuse) Policy.

You acknowledge and agree to abide by all Registry Policies set forth on the Registry’s website at http://rightside.co/registry/for-registrars/#c290 (the “Registry Website”). You specifically acknowledge and agree that the Registry Policies may be modified by the Registry, and agree to comply with any such changes in the time period specified for compliance.

You agree to comply with all applicable ICANN requirements and policies found at www.icann.org/en/general/consensus-policies.htm.

21.37.18.2 Privacy and Personal Data

You consent to the collection, use, processing, and/or disclosure of personal information in the United States and in accordance with the Registry’s Privacy Policy, and incorporated by reference here. If you are submitting information from a country other than the country in which the Registry servers are located, your communications with the Registry may result in the transfer of information (including your membership account information) across international boundaries; you consent to such transfer.

21.37.18.3 Registration Information

You represent and warrant that you have provided to your Registrar current, complete, and accurate information in connection with your application for a registration, and that you will correct and update this information to ensure that it remains current, complete, and accurate throughout the term of any resulting registration or reservation. Your obligation to provide current, accurate, and complete information is a material element of these terms, and the Registry reserves the right to deny, cancel, terminate, suspend, lock, or transfer any registration or reservation if it determines, in its sole discretion, that the information is materially inaccurate.

21.37.18.4 Acknowledgements

You agree to comply with all applicable laws, including those that relate to privacy, data collection, consumer protection, fair lending, debt collection, organic farming, disclosure of date and financial disclosures.

You agree that should you use a Registry TLD to collect and or maintain sensitive health and financial date, you implement reasonable appropriate security measures commensurate with the offering of those services as defined by applicable law.

Should you choose to register one or more of the following new generic top-level domain names, you must comply with the registration requirements as described below:

Regulated TLDs: .ENGINEER, .MARKET, MORTGAGE, .DEGREE, .SOFTWARE, .VET, .GIVES, and .REHAB
1.  Safeguards for Regulated TLDs. Registrants must comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures. Additionally, if a Registrant collects and maintains sensitive health and financial data, Registrants must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.
Highly-regulated TLDs: .DENTIST, .ATTORNEY, and .LAWYER
1.  Safeguards for Highly-Regulated TLDs. Registrants must provide to their Registrar administrative contact information, which must be kept up-to-date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory, or industry self-regulatory, bodies in their main place of business. Additionally, Registrants must possesses any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with such Highly-regulated TLD and report any material changes to the Registrant’s authorizations, charters, licenses and/or other related credentials for participation in the sector associated with the Highly-regulated TLD.
Military TLDs: .ARMY, .NAVY, and .AIRFORCE.
1.  Safeguards for Military TLDs. Registrant must take steps to ensure against misrepresenting or falsely implying that the Registrant or its business is affiliated with, sponsored or endorsed by one or more country’s or government’s military forces if such affiliation, sponsorship or endorsement does not exist.

The Registry reserves the right to modify, change, or discontinue any aspect of its Registry Services, these Registration Terms, including without limitation its prices and fees. You acknowledge and agree that the Registry, its affiliates and service providers may provide any and all required notices, agreements, modifications and changes to these Registration Terms, and other information concerning Registry TLDs electronically, by posting such items on the Registry Website. Your continued use of a Registry TLD shall constitute your acceptance of the most current versions of those notices, agreements, modifications, and changes to these Registration Terms. In the event of any conflict between these Registration Terms and the notices, agreements, modifications and changes to the Registration Terms as posted from time to time on the Registry Website, the terms posted on the Registry Website shall prevail.

The Registry TLDs are intended for and available to applicants and registrants who are at least eighteen (18) years of age. By applying for, registering, or reserving United TLD, you represent and warrant that you are at least eighteen (18) years of age.

21.37.18.5 Abuse

You represent and warrant that your use of the Registry and/or the Registry TLDs will not be for any illegal purpose and that you will not undertake any activities with your Registry TLD that will be in violation of the Acceptable Use (Anti- Abuse) Policy.

You acknowledge and agree that the Registry reserves the right, in its sole discretion, to disqualify you or your agents from making or maintaining any registrations or reservations in the Registry TLD if you are found to have repeatedly engaged in abusive registrations.

You acknowledge and agree that the Registry reserves the right to deny, cancel, terminate, suspend, lock, or transfer any registration that it deems necessary, in its discretion, in furtherance of the following:

to enforce all Registry Policies, these Registration Terms, and ICANN requirements, as amended from time to time;
to protect the integrity and stability of the Registry, its operations, and the Registry TLDs;
to comply with any applicable law, regulation, holding, order, or decision issued by a court, administrative authority, or dispute resolution service provider with jurisdiction over the Registry or you;
to establish, assert, or defend the legal rights of the Registry or a third party, or to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, contractors, and stockholders;
to correct mistakes made by the Registry or any Registrar in connection with a registration or reservation;
as otherwise provided herein.

The Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.

21.37.18.6 Indemnity

You agree to (within 30 days of demand) indemnify, defend and hold harmless Rightside (by express reference), Crazy Domains FZ-LLC and their respective affiliates and subsidiaries, as well as each of their respective owners, directors, managers, officers, employees, contractors, service providers and agents from and against any and all claims, liabilities, costs and expenses, including reasonable legal fees and expenses (including on appeal) arising out of or relating in any way to the Registrant’s domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration. You further agree that you shall not enter into any settlement or compromise of any indemnifiable claim without Crazy Domain FZ-LLC’s or Rightside’s prior written consent, which consent shall not be unreasonably withheld and that this indemnification obligation shall survive the termination or expiration of this Registration Agreement for any reason.

21.37.18.7 Disclaimer of Warranties

You acknowledge and agree that domain names in the Registry TLD are provided “as is”, “with all faults” and “as available.” The Registry, its affiliates and service providers, make no express warranties or guarantees about such domain names.

To the greatest extent permitted by law, the registry, its affiliates and service providers, disclaim implied warranties that the registry and all software, content and services distributed through the registry, its affiliates and service providers are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. The registry, its affiliates and service providers do not guarantee that any registry tlds, or registry operations will meet your requirements, will be error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of the united tld, including any support services, will be effective, reliable, accurate or meet your requirements. We do not guarantee that you or third parties will be able to access or use a domain name in united tlds (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by a representative of the registry, its affiliates and service providers shall create a warranty regarding operations of the registry or a domain name in a registry tld.

The registry, its’ affiliates and service providers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon a domain name in a united tld. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if the registry, its affiliates and services providers knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the registry’s liability, and the liability of the registry’s affiliates and service providers, shall be limited to the amount you paid to register a united tld. You further agree that in no event shall the registry’s, its affiliates and service providers, total aggregate liability exceed the total amount paid by you for the particular services that are the subject of the cause of action. You agree that the rights stated herein survive termination of the registrar’s agreement with you.

21.37.18.8 Disputes

You agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”), and the Uniform Rapid Suspension System (“URS”), each as described on the ICANN Website. You further agree to abide by the final outcome of any of those processes, subject to any appeal rights provided in those processes or the law, and you hereby release the Registry, its affiliates and service providers from any and all directly or indirect liability associated with such dispute resolution processes.

21.37.18.9 Third Party Beneficiaries

You acknowledge and expressly agree that ICANN is an intended third-party beneficiary of this Agreement. You further acknowledge and agree that Rightside is an intended third-party beneficiary of this Agreement for each Registry TLD. You acknowledge and agree that the Registry’s third party beneficiary rights have vested, and shall survive any termination or expiration of your registration or reservation. Otherwise, this Agreement shall not be construed to create any obligation by either party to any non-party to this Agreement, including any holder of a Registered Name.

21.37.18.10 Governing Law

The Registration Terms, its interpretation, and all disputes between the parties arising in any manner hereunder, shall be governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction). You agree and submit to the exercise of personal jurisdiction of courts in the State of Washington for the purpose of litigating any such claim or action.

By agreeing to these registration terms and conditions, you are: (1) waiving claims that you might otherwise have against the registry, its employees, affiliates and subsidiaries, and service providers, based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of, and venue in, state or federal courts in the state of washington over any disputes or claims you have with the registry, its affiliates and service providers; and (3) submitting yourself to the personal jurisdiction of courts located in the state of state of washington for the purpose of resolving any such disputes or claims.

21.37.19 Specific Terms for New TLDs operated by Famous Four Media (as representative for the Registry Operators of such New TLDs)

The TLDs operated by Famous Four Media can be found at http://www.famousfourmedia.com/our-gtlds/gtld-portfolio/.

21.37.19.1 Policy

You agree to comply with ICANN standards, policies, procedures and practices, which can be located at http://www.icann.org.

21.37.19.2 Privacy and Personal Data

The Registry shall handle Personal Data submitted to the Registry by the Registrar in accordance with its published privacy policy located at: http://www.famousfourmedia.com/about-us/privacy/

The Registry shall take reasonable steps to protect Personal Data submitted to the Registry by the Registrant from loss, misuse, unauthorised disclosure, alteration or destruction. The Registry may from time to time use the demographic data collected for statistical analysis, provided that this analysis will not disclose individual personal data and is only for the purposes agreed to below.

You acknowledge and agree that the relevant personal data submitted to FEMP as part of the registration process shall be submitted to the Registry for the following reasons:

Inclusion in the said searchable WHOIS directory providing free public query-based access to the details as required by the Registry Agreement;
Research on an amalgamated statistical basis;
Day to day operation of the Registry, including email contact by the Registry with you as required by any acceptable use policy;
To our service providers which/who provide legal, accounting, delivery, installation, system support, escrow, marketing, clearinghouse and other Registry services on our behalf;
As may be required by law enforcement agencies or a court order or other compulsory operation of law applicable to the Registry; and
As may be required by ICANN in accordance with a zone file access request in accordance with the Registry Agreement.

21.37.19.3 Abuse

You accept and agree to abstain from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activities contrary to applicable law, and providing (consistent with applicable law and related procedures) consequences for such activities including suspension of the domain name. The Registry reserves the right to take action necessary to deny, cancel, suspend, lock or transfer any registration in violation of the acceptable use policy.

You acknowledge and agree to give the Registry and/or Registrar all permissions, authorisations and confirmations required, or any other data subject which are reasonably required, in order to comply with the operational standards, policies, procedures and practices of the Registry and of ICANN, in particular, any acceptable use policy.

21.37.19.4 Indemnity

You agree to indemnify, defend and hold harmless the Registry, and its subcontractors (including the registry back-end services provider) and their respective directors, officers, employees, affiliates and agents of each of them from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registrant’s domain name registration, except due to the Registry’s negligence, error or omission. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.

21.37.19.5 Disputes

You agree to resolve disputes through binding arbitration, pursuant to the rules of the London Court of International Arbitration (“LCIA”), upon mutual written agreement. The arbitration shall be conducted in the English Language and shall occur in London, England. There shall be one arbitrator which/who shall be chosen by the LCIA.

The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators to relocate the cost in their award as provided in the LCIA rules. The parties shall bear their own attorney’s fees in connection with the arbitration, and the arbitrators may relocate the attorney’s fees in conjunction with their award. Any litigation brought to enforce an arbitration award shall be brought in Gibraltar, and this agreement shall be construed in accordance with Gibraltar law.

You also agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension System (URS).

21.37.19.6 Third Party Beneficiaries

21.37.19.7 Governing Law

This Agreement is to be construed in accordance with and governed by the laws of Gibraltar and the Parties expressly submit to the exclusive jurisdiction of the courts of Gibraltar.

21.37.20 Specific Terms for New TLDs operated by Afilias Limited

The TLDs operated by Afilias Limited can be found at http://www.afilias.info

21.37.20.1 Policy

You agree to comply and be bound by all Registry policy, including but not limited to the Domain Anti Abuse Policy, DNSSEC Policies Statement, Names Collision Block List Policy, Personal Data Protection Policy, Sunrise Dispute Resolution Policy and WHOIS Policy which can be located at http://www.afilias.info/policies.

You agree to comply with ICANN standards, policies, procedures and practices as may be adopted or amended from time to time, which can be located at http://www.icann.org.

21.37.20.2 Privacy and Personal Data

The Registry shall handle Personal Data submitted to the Registry by the Registrar in accordance with its published personal data protection policy located at http://afilias.info/sites/afilias.info/files/Afilias%20Personal%20Data%20Protection%20Policy_15%20April%202014.pdf

The Registry shall take appropriate technical and organisational security measures to protect Personal Data submitted to the Registry by the Registrant from loss, misuse, unauthorised disclosure, alteration or destruction. The Registry may from time to time use the demographic data collected for statistical analysis, provided that this analysis will not disclose individual personal data.

21.37.20.3 Acknowledgement

You acknowledge and agree to comply with public interest commitments (as set forth in Specification 11 to the Registry Agreement, as amended from time to time), community registration policies (as set forth in Specification 12 to the Registry Agreement, as amended from time to time, and Government Advisory Committee (“GAC”) safeguards.

21.37.20.4 Registration Information

You acknowledge and agree that you will immediately correct and update your registration information during the registration term for your registered domain name.

21.37.20.5 Abuse

to protect the integrity and stability of the registry;
to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;
to avoid any liability, civil or criminal, on the part of the Registry, as well as its affiliates, subsidiaries, officers, directors, and employees
per the terms of the registration agreement;
for the non-payment of fees by Registrar, including without limitation pursuant to the terms of any Credit Facility; or
to correct mistakes made by the Registry or the Registrar in connection with a domain name registration.

The Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.

21.37.20.6 Indemnity

You agree to indemnify, defend and hold harmless the Registry, and its subcontractors, and the directors, officers, employees, affiliates and agents of each of them from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registrant’s domain name registration. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.

21.37.20.7 Liability

You agree to be bound by the terms and conditions of the initial launch of the Registry TLD as published by the Registry from time to time, including without limitation the sunrise period, limited registration period, or land rush period, and the dispute resolution policies and rights protection mechanisms mandated by ICANN or the Registry for the TLD (including without limitation the Trademark Clearinghouse), and further to acknowledge that the Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period, limited registration period, land rush period or other period associated with the initial launch of the Registry TLD, including, without limitation:

the ability or inability of a registrant to obtain a registered domain name during these periods; and
the results of any dispute resolution process regarding a registration.

21.37.20.8 Disputes

You agree to resolve disputes arising under or in connection with this Agreement through binding arbitration, pursuant to the rules of the International Court of Arbitration of the International Chamber of Commerce (“ICC”). The arbitration shall be conducted in the English language and shall occur in Dublin, Ireland. There shall be three arbitrators: each party shall choose one arbitrator and, if the two arbitrators are not able to agree on a third arbitrator, the third shall be chosen by the ICC. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators to reallocate the costs in their award as provided in the ICC rules. The parties shall bear their own attorneys’ fees in connection with the arbitration, and the arbitrators may not reallocate the attorneys’ fees in conjunction with their award. The arbitrators shall render their decision within ninety days of the initiation of arbitration. Any litigation brought to enforce an arbitration award shall be brought in the courts in the Republic of Ireland, however, the parties shall also have the right to enforce a judgment of such a court in any court of competent jurisdiction. For the purpose of aiding the arbitration and/or preserving the rights of a party during the pendency of an arbitration, each party shall have the right to seek temporary or preliminary injunctive relief from the arbitration panel or a court located in the courts in the Republic of Ireland, which shall not be a waiver of this arbitration agreement.

You also agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension System (URS).

21.37.20.9 Third Party Beneficiaries

21.37.20.10 Governing Law

This Agreement is to be construed in accordance with and governed by the internal laws of the Ireland without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of Ireland.

21.37.20.11 Additional terms for .organic

Acceptable Use Policy

Registrants of Registered Names in the .ORGANIC Registry are responsible to ensure that such Registered Names are at all times registered and used in compliance with all applicable national, federal, regional, state and local laws, ordinances and regulations (“Applicable Laws”), including, without limitation, Applicable Laws related to

the farming, raising, processing, marketing, labelling and selling of organic foods; and
certification or similar requirements imposed on members of the organic food industry.

In addition to any other rights of the Registry existing under the RRA between the Registry and the Registrar or otherwise, the Registry reserves the right to deny or cancel the registration, renewal, or transfer of any Registered Name, or to place any Registered Name on registry lock, hold, or similar status, with respect to any such Registered Name that the Registry, upon reasonable belief formed after reasonable investigation, deems to be registered or used in a manner that constitutes a violation of the .ORGANIC Acceptable Use Policy.

Further, Registrants in violation of any Applicable Laws may be subject to prosecution or other enforcement of such Applicable Laws by the appropriate authorities.

21.37.21 .sc Doman Name Licence Terms

21.37.21.1 Registry

The Registry for .sc is VCS (Pty) Ltd (“NIC.SC”). The Registry website is located at http://www.nic.sc.

21.37.21.2 Policy

You agree to comply and be bound by the NIC.SC Registration Agreement, which can be located at http://www.nic.sc/en/forms/NIC.SC-Registration-Agreement.pdf.

You agree to comply and be bound by all Registry policy, including but not limited to the Rules Governing Qualification of Registration, NIC.SC Registration Policy, NIC.SC Acceptable Use Policy, Uniform Domain Name Dispute Resolution Policy and WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy which can be located at http://www.nic.sc.

You acknowledge and agree that the Registry may modify the policies from time to time, which become effective 30 calendar days after posting to the NIC.SC website. You further acknowledge and agree that the Registry is not required to provide notice of any such change. Your continued use of a .sc domain name(s) following an amendment constitutes you acceptance of the revised policies.

21.37.21.3 Registration Information

You acknowledge and agree that you will ensure that:

the information submitted by or on behalf of you to the .sc ccTLD registry in connection with registration of the .sc Domain name(s) or otherwise (“Registrant Information”) will during the Term comply with the NIC.SC Policies and is and will remain true, current, complete, accurate, and reliable; and
you shall maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable by notifying the Registry immediately of a change to any such information in accordance with the appropriate NIC.SC Policy relating to modifications to the Registrant Information.

The Registry reserves and may exercise the right to terminate your registration of the .sc Domain name if:

information provided by you to the Registry is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or
you fail to maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable.

The Registrant acknowledges that a breach of the above will constitute a material breach of this Agreement which will entitle the Registry to terminate this Agreement immediately upon such breach without any refund of the Registration Fee and without notice to you.

You further acknowledge and agree that all personal information about you which is supplied to the Registry or FEMP is held for the benefit of the Seychelles and global internet communities and may be required to be publicly disclosed to third parties and used to maintain a public “Whois” service, provided that such disclosure is consistent with the NIC.SC Policies.

21.37.21.4 Agents

You understand, acknowledge and agree that by using the .sc Domain name, you ratify and are bound by this Agreement (including the NIC.SC Policies incorporated into this Agreement) even if an agent (such as an Internet Service Provider, Domain name retailer, or employee) entered into this Agreement on your behalf, and even if you have not yourself read this Agreement. Further, you are responsible for all information submitted by your agent. NIC.SC will not cancel this Agreement, or refund any fees, because of any errors or omissions by the agent in the registration process or thereafter (e.g. if such agent provides incorrect Registrant Information), as such apparent authority will suffice to bind you. By acting on your behalf, such agent represents and warrants to you and NIC.SC that the agent is authorised to bind you hereto and that it has fully and thoroughly advised you of the terms and conditions of this Agreement (including the NIC.SC Policies incorporated into this Agreement).

21.37.21.5 Registrant Representations and Warranties

You represent, warrant, and guarantee that:

you understand that registration entitles you only to a licence for the use of the domain name resolution services relating to the .sc Domain name for the Term and that use of such services is subject to this Agreement (including the NIC.SC Policies) and other pertinent rules and laws, including those concerning trademarks and other types of intellectual property, as these may now exist or be revised from time to time;
to the best of your knowledge and belief, neither the registration of the .sc Domain name nor the manner in which it is to be directly or indirectly used infringes the legal rights or intellectual property rights of a third party;
you will use, display, or exploit the .sc Domain name in good faith, and in accordance with the laws of Seychelles, international law, and applicable state laws and regulations, and will not use the .sc Domain name in any way which may violate a subsisting right of the Registry or any third party;
the information provided by you is true and accurate, and you will update said information immediately if it changes;
you are either
1. an identifiable human individual (over the age of 18 years); or
2. a legally recognized statutory entity (such as a Limited Liability Company, Partnership, Association, Society or Proprietary Limited Company);
you will promptly notify the Registry of any actual or threatened proceedings brought in respect of the words used as or incorporated in the .sc Domain name whether by or against you;
you will not, directly or indirectly, through registration or use of the .sc Domain name or otherwise:
1. register a .sc Domain name for the purpose of diverting trade from another business or website;
2. deliberately register as a .sc Domain name mis-spellings of another entity’s personal, company or brand name in order to pass-off or trade on the business, goodwill or reputation of another;
3. grant or purport to grant a security interest or other encumbrance on or over the .sc Domain name unless such security interest or other encumbrance does not exceed your limited rights in the .sc Domain name, does not impair your ability to fulfil your obligations under this Agreement, and does not impose obligations on the Registry beyond the obligations owed by the Registry to you in the absence of such a security interest or encumbrance;
you meet and will continue to meet for the whole of the Term any eligibility criteria prescribed in the NIC.SC Policies for registering and using the .sc Domain name;
that you will maintain the Registrant Information provided pursuant to clause 21.37.21.3 according to the requirements that clause;
you have not previously submitted an application for registration of a domain name for the same character string with another registrar where:
1. you are relying on the same eligibility criteria for both domain name applications; and
2. the character string has previously been rejected by the other registrar;
any content, material or web page contained on any Uniform Resource Locator (“URL”), web site or web page accessing, utilising or accessed by means of the .sc Domain name complies with the NIC.SC Acceptable Use Policy and the CoCCA recommendations and does not constitute or contain any illegal or prohibited content, including, but not limited to indecent, obscene, or pornographic material (as described more fully in the NIC.SC Acceptable Use Policy), whether incorporated directly into or linked from a web site resolved via a .sc Domain name;
the use of the .sc Domain name and of any web page or URL accessed by or utilising the .sc Domain name will comply with the requirements of the NIC.SC Acceptable Use Policy and CoCCA recommended policies including, without limitation, those policies relating to spam.

21.37.21.6 Indemnity

You agree to defend, indemnify, and hold harmless NIC.SC, the registry operator, accredited registrars and such parties’ officers, directors, shareholders, owners, managers, employees, agents, contractors, affiliates, lawyers and attorneys (“NIC.SC Related Parties”) from and against any and all claims of third parties or made by the Registrant, including, but not limited to all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable lawyers or attorneys’ fees (which lawyers or attorneys shall be hired at the sole discretion of the indemnified party) and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Agreement, the registration or use of the indemnified party’s domain registration or other services, or to the .sc Domain name itself, including the Registrant’s use, display, exploitation, or registration of the .sc Domain name, as well as for any infringing or otherwise damaging content displayed or otherwise made available on or by means of the .sc Domain name.

21.37.21.7 Liability

You acknowledge and agree that, to the maximum extent possible, the registry and the nic.sc related parties shall not be liable for any direct, indirect, incidental, special, or consequential damages, including loss of profits, relating to the use, or the inability to use, the domain, or in any other way related to the domain, regardless of the form of action, whether in contract, tort (including negligence), or otherwise. Additionally, nic.sc and nic.sc related parties shall not be liable whatsoever for any losses or damages that the registrant may incur as a result of unauthorized use of the domain arising from “hacking”, denial of service attack, virus, worm or otherwise, or for lack of fitness for a particular purpose of the domain or services related to the domain name.

In addition, the registry and nic.sc related parties are not liable whatsoever for any damages that you may suffer because of service or system failure, including domain name system failure, root server failure, internet protocol address failure, access delays or interruptions, data non-delivery or mis-delivery, acts of god, unauthorised use of passwords, errors, omissions or mis-statements in any information or other services provided under this agreement, delays or interruptions in development of web sites, re-delegation of the .mu top level domain name, or breach of security, even if the registry or nic.sc related parties have been advised of the potential for such damages, and even if the registry or nic.sc related parties may foresee such possible damages. Your sole remedy for the registry or nic.sc related parties’ breach of this agreement shall be, at the sole discretion of the registry or nic.sc related parties, the resupply of the services again or a refund of the registration fee or renewal fee (if the breach occurs during a renewal term), which remedy you acknowledge constitutes the only possible direct damages flowing from this agreement. Your sole remedy for an action not flowing from this agreement (in tort or otherwise) shall be limited to the amount of money paid to the registry or nic.sc related parties by you.

21.37.21.8 Disputes

You agree to be bound by the Registry’s Complaint Resolution Policy and Service.

21.37.21.9 Governing Law

For all disputes in which the Registry may be or is a party to the dispute, this registration agreement shall be exclusively governed by the laws of Seychelles applicable to contracts made and performed in Seychelles, without regard to conflict of laws principles. You hereby consent to the exclusive personal jurisdiction of the courts of Seychelles, for any and all claims or disputes directed against the Registry and which arise out of, purport to enforce, construe, or otherwise relate to the .sc Domain name, this Agreement, or NIC.SC Policies. The exclusive venue for such action shall be the Courts of Seychelles. You waive any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and you waive any statutory or other right pursuant to the laws of the jurisdiction in which you reside to have a case relating to this Agreement adjudicated or resolved in that jurisdiction.

21.37.22 .so Specific Terms

21.37.22.1 Registry

The Registry for .so is SO Registry, Inc. The .SO ccTLD Registry is administered by the Somali Network Information Centre (“SONIC”). The registry website is located at http://www.soregistry.so (and at the website http://www.nic.so).

21.37.22.2 Policy

You agree to comply and be bound by the dotSO Domain Name Registration Policies, which can be located at http://www.nic.so/content/images/files/dotSO%20Domain%20Name%20Registration%20Policies_v1.1.pdf.

You expressly agree to comply and be bound by all Registry policy which is located at the .SO ccTLD Registry’s website, which are incorporated herein by reference.

You expressly acknowledge and agree that the Registry may modify its policies from time to time and/or may issue interpretive guidelines on its website regarding the terms and provisions of its policies. The amendments to the Registry’s policies or additional guidelines that the Registry issues will take effect at the time they are published on the Registry’s website. You further acknowledge and agree that the Registry is not required to provide notice of any such change, and that your continued use of a .SO domain name(s) following an amendment will also constitute your acceptance of the revised policies.

21.37.22.3 Registrant Representations and Warranties

When you submit an application or order to us to register or renew a .SO domain name (“.SO Domain Name Registration Request”), or if you hold a .SO Domain Name Registration, you represent, warrant, and guarantee that:

your .SO Domain Name Registration Request contains true, accurate and up-to-date information and is made in good faith, for a lawful purpose and does not infringe the rights of any third party;
you shall participate in good faith in any proceedings described in the Registry’s policies commenced by or against you;
you expressly acknowledge and accept that the Registry is entitled (but not obliged) to reject a .SO Domain Name Registration Request, or to delete or transfer a .SO Domain Name Registration:
1. that does not contain complete and accurate information as described in the Registry’s policies or is not in compliance with the Registry’s policies; or
2. to protect the integrity and stability of the Shared Registry System and/or the operation and/or management of the .SO TLD; or
3. in order to comply with applicable laws and regulations, and/or any decision by a competent court or administrative authority and/or any dispute resolution service provider the Registry may hereafter retain to oversee the arbitration and mediation of disputes; and/or any other applicable laws, regulations, policies or decrees; or
4. to avoid any liability on behalf of the Registry, including their respective affiliates, directors, officers, employees, subcontractors and/or agents; or
5. following the outcome of a Sunrise Reconsideration Proceeding as outlined in the Registry’s policies.
you expressly acknowledge and accept that the Registry is entitled to suspend or revoke any .SO Domain Name Registration in case of non-compliance or violation of its policies, including but not limited to these representations and warranties;
your .SO Domain Name Registration Request or .SO Domain Name Registration meets the nexus requirement of having a bona fide connection to Somalia, which includes but are not limited to:
1. institutions and organisations in Somalia;
2. residents of Somalia;
3. others who have a legitimate, clear, and provable connection; and
your .SO Domain Name Registration Request or .SO Domain Name Registration will meet the nexus requirement specified above at all times during the period in which the registration is valid;
to your knowledge, your .SO Domain Name Registration Request or .SO Domain Name Registration will not infringe upon or otherwise violate the rights of a third party;
you are not submitting and will not use the .SO Domain Name Registration Request or .SO Domain Name Registration for any unlawful purpose (which, for the avoidance of doubt, includes concepts and content relating to indecency, pornography and gambling), contrary to public policy or morality, for offensive purposes, to mislead the public, and/or contrary to good and fair business practices;
you will not knowingly use any .SO domain name in violation of any applicable laws or regulations including third party interests;
you will keep WHOIS information related to your .SO domain name accurate and up-to-date at all times, both with us and the Registry.

21.37.22.4 Disputes

You expressly acknowledge and accept that the language of proceedings referred to in article 4 of the .SO Domain Name Registration Policies must be in the English language.

21.37.23 .sydney Specific Terms

The following clause (21.37.22) applies specifically to .sydney domain names.

21.37.23.1 .sydney Domain Name Licence Terms

Your application for a .sydney domain name license implies understanding and agreement to all policies held by us, the Registry Operator (ARI Registry Services),http://nic.sydney/policies/ and ICANN.

The Registrant applies consent to the use, copying, distribution, publication, modification and other processing of Registrants personal data by the Registry Operator and its agents.

FEMP does not operate any part of the domain name systems, or grant licensing for domain names. Crazy Domains FZ-LLC is the registrar for .sydney domain names. FEMP is a reseller of Crazy Domains FZ-LLC in this respect. The actions of Crazy Domains FZ-LLC are independently run beyond our control.

Crazy Domains FZ-LLC’s obligations as registrar include:

The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
Carrying out limited functions on behalf of the registry operators
Serving as a registrar of record
Provision of online facilities for the management of domain names
Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.37.23.2 Right to Deny

21.37.23.3 Dispute Resolution

All .sydney registrations are subject to ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP). You hereby agree to proceed under this policy either as the registrant or complainant.

21.38 Search engine optimisation

You acknowledge that we do not have direct control over search engine placement. We use our best endeavours to maintain a high position for your web site, no ongoing guarantee of placement position is made or implied.

We guarantee a Google listing within 8 weeks of application to our SearchBooster product. This guarantee is dependent on:

The provision of valid, correct and up to date information
The satisfactory completion of the forms, steps and recommendations

We reserve the rights to deny refund or account credit should we deem unsatisfactory completion of the above.

21.39 Liability and indemnity

TO THE MAXIMUM EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN.

loss of business, contracts, profits or anticipated savings;
other indirect or consequential or economic loss whatsoever;
loss of data or inability to retrieve data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries, and any service interruption not caused by us;
injury to person or property allegedly caused by any products sold or otherwise distributed in connection with us;
negligence, misconduct, or breach of this agreement by you;
incomplete, inadequate or otherwise problematic use of any Services by you;
omission or failure by you to obtain appropriate advice, including legal advice, in respect of any Services or this Agreement prior to making a purchase;
incomplete, inadequate or lack of knowledge and experience necessary for use of any Services;
allegation that your account infringes a third person’s copyright, trademark, or intellectual property right, or misappropriates a third person’s trade secrets due to the information you have provided us, and
damages including but not limited to indirect, special, incidental, consequential or exemplary damages allegedly arising out of, resulting from, incidental to, or in connection with this Agreement or Services.

Where to do so is unlawful under any Act falling under the governing law of this Agreement, nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the Services and you. To the full extent permitted by law, where the benefit of a non-excludable condition, warranty or other obligation is conferred upon you pursuant to an Act falling under the governing law of this Agreement, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to either the supplying of the service/product again or payment of the cost of having the service/product supplied again.

You expressly and irrevocably agree that this clause survives the expiry and/or termination of Services or this Agreement.

Should any part of these terms be made invalid by relevant legislation, that wording shall be deemed to be omitted and the remainder of the terms shall remain in force.

22 Fax to Email

This entire clause 22 relates to the Fax to Email Product.

22.1 Representations by us

22.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 22.1.2;
You can only expect Services in accordance with the terms of this Agreement, and
In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 21.1.2, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.

22.1.2 Terms/Representations

We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Singapore Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
The Fax to Email Service allows the sending and receiving of faxes through email, using a fax number provided to you by us. This Service uses the Internet rather than active telephone communication lines. The Service effectively combines email and fax transmission.
It is your responsibility to ensure the fax number provided to you is available, accessible and working. You are expected to test this number within 48 hours of it being issued. If after testing, the number is unavailable or not working, it is your responsibility to contact and advise Web Registrar Pty Ltd by email immediately. FEMP will not be liable for any expenses you incur as a result of failure to ensure the availability and accessibility of the fax number within 48 hours of purchase.
Upon the expiration or other termination of your Fax To Email account, we may reissue or reassign the fax number previously used by you. Accordingly, you irrevocably agree to indemnify us from any claims as a result of such reassignment.
Fax To Email does not provide archives for stored data. You irrevocably agree that it is your responsibility to back-up any of your data on the Service and that you will indemnify us for any loss of data, damage or destruction of information, contact lists, or any other content contained on the Service.
You are responsible for any content that is transmitted using the Service.
We are not responsible or liable for any damage suffered by any person, directly or indirectly, through your use of the Service
This is not an archival service. You are solely responsible for maintaining independent back-up copies of your emails. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your emails, distribution lists, or any other content.

22.2 Refunds

22.2.1 Agreement

You expressly and irrevocably agree that:

It is your responsibility to ensure that Services are utilized to their full potential;
It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
We are not obliged to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms and our discretion, to offer you:
1. An account credit; or
2. A refund only in circumstances where a cancellation request has been filed within 48 hours and agreeable by the registar operator
We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website.
We may choose, on your request to downgrade an account however no refund or account credit will be applied if outside the 72 hour cooling off period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour cooling off period;
Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
Your request for refund will be denied where:

Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
We believe you have breached your agreement with clause 22.1.1(a), (b) and (c) in any way;
We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
We believe the request is fraudulent.

We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 21.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

22.2.2 Process of claiming refund

22.3 Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

You have any outstanding invoice or account.
Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
You fail to comply with any provision in this agreement or those referenced in this agreement
There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s rights.
We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.

Any suspension or cancellation is subject to clause 22.2.

If your account is cancelled under this agreement:

You must pay all outstanding charges to us immediately.
We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
We may immediately delete all data held prior to cancellation.
We may perform any action without notice.
Any amounts paid by you in advance are forfeited upon the termination of your account.

We reserve the right to suspend or terminate your access to Fax To Email, or take any further measures deemed necessary, at our sole discretion, at any time and without prior warning, as a means to ensure the integrity of the Service, us and the terms of this Agreement. Such suspension or termination or discretionary decision is done so without any liability to you given the following circumstances, including but not limited to;

If you breach these Terms;
You or any person using your account, whether with consent or not, misuses the Service;
Incorrect information given by you to us;
There are reasonable grounds for us to suspect any of the above.

23 Search Engine, Facebook, Social Media & PPC Ads

This entire clause 23 relates to the Search Engine, Facebook, Social Media & PPC Ads service.

23.1 Representations by us

23.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 23.1.2;
You can only expect Services in accordance with the terms of this Agreement, and
In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 23.1.2, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.

23.1.2 Terms/Representations

We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Singapore Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
The Search Engine & Social Media Ads service allows for advertising for your business/product/service to be placed on the Google Adwords, Facebook and other platform programs. We will act as a virtual media agent on your behalf.
We reserve the right to reject or deny any order of service where you have had an active Google Adwords account within 90 days prior to submission of order.
It is your responsibility to ensure the information provided to our Customer Support Representative (CSR) is accurate, accessible and optimal to your advertising requirements. Our CSR may provide you suggestions and advice regarding achieving optimal results from your Search Engine Ads service. Setup and alterations may be made with or without your written consent and may be considered to be against your ideas, wishes and directives. It is your responsibility to frequently review the service to ensure it is working to your satisfaction.
We may utilise information, terminology, keywords and other material from your website and business collateral to create the advertising content. By engaging in this service you warrant that all content available does not contain or is not of a nature to be considered; illegal, in breach of copyright, infringe on intellectual property, sexually explicit, offensive, violent and/or discriminatory in any way relating to race, gender, religion, nationality, disability, sexual orientation, age or radical political. Such information could both yield to suspension or termination of service with providers required to operate this service and we nor our providers shall take no liability for such instances. By processing an order of service you acknowledge and agree to abide by partner and ads platform policies.
Due to the automated nature of the systems utilised to provide this service there may be instances in which we have no control over the specific keywords which your account bid on. It can occur that your ads appear on competitor keywords or trademarks
By processing an order of service, you acknowledge that there is no control over this and as such we and our providers hold no liability over and repercussions which occur as a result of this.
Our Search Engine & Social Media Ads Service operates on two elements from a client cost factor, a service fee and a monthly budget. The service fee covers the provision of the service both from a perspective of direct CSR consultation/management and the software/reporting and provider management. This fee is non-refundable in any and all instances. The monthly budget is an amount specified by you on sign up and on update of your account. This amount specifies the value to which we can commit to the advertising service.
The service fee is paid in full for the selected term in advance of service provision. The monthly budget is paid in full for the upcoming calendar month in advance of service. Credit card details are stored securely to allow for simple and efficient pre-payment for the coming calendar month budget. Depending on the circumstances we may opt to use your ads account which is connected to your credit card to manage the monthly fee.

Changes to the budget must be made 3 business days prior to the end of the calendar month for it to be effected towards the following month. If a change is registered less than 3 business days prior to the end of the calendar month the previous budget shall apply.

If an allocated budget is not fully utilised within a calendar month, the remaining amount shall be rolled over to the following month. If you choose to alter the budget to zero, providing it complies with the above 3 business day rule, no budget will be allocated to the following calendar month and as such no roll over would be recorded. In such instances, the service fee is not refundable.

If the service expires and there is funds remaining from the ultimate month of service, any roll over shall be forfeited.
You will be provided/have access to accurate and up to date reporting which will allow you to track the success of your campaign. As the keyword targeting is automated, we will not be able to include/exclude any keywords shown in our online report.
Although we will make every effort to ensure customer satisfaction within the bounds of this product and service, we, nor our partners warrant or guarantee, express or imply, neither directly or indirectly, that this service:
1. Will result in increased traffic, revenue, profit, goodwill, website ranking or any other indicator towards the success of your website or business.
We are not responsible or liable for any damage suffered by any person, directly or indirectly, through your use of the Service
Contract term begins from the date of order of service unless otherwise specified. You must allow reasonable time for the account to be established and setup. We may require further information from you in order to setup or maintain the service. We shall not be liable in any respect due to delays in obtaining necessary instruction or feedback.

23.2 Refunds

23.2.1 Agreement

You expressly and irrevocably agree that:

It is your responsibility to ensure that Services are utilized to their full potential;
It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
We are not obliged to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms and our discretion, to offer you:
1. An account credit; or
2. A refund, only in circumstances where a cancellation request has been filed within 72 hours, being the reasonable ‘cooling off period’ of the purchase application being made. Note that any money already spent on ads cannot be refunded under any circumstance.
We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website.
We may choose, on your request to downgrade an account however no refund or account credit will be applied if outside the 72 hour cooling off period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour cooling off period;
Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
Your request for refund will be denied where:

Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
We believe you have breached your agreement with clause 23.1.1(a), (b) and (c) in any way;
We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
We believe the request is fraudulent.

We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 21.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

23.2.2 Process of claiming refund

23.3 Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

You have any outstanding invoice or account.
Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
You fail to comply with any provision in this agreement or those referenced in this agreement
There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s rights.
We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.

Any suspension or cancellation is subject to clause 23.2.

If your account is cancelled under this agreement:

You must pay all outstanding charges to us immediately.
We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
We may immediately delete all data held prior to cancellation.
We may perform any action without notice.
Any amounts paid by you in advance are forfeited upon the termination of your account.

We reserve the right to suspend or terminate your access to Search Engine Ads, or take any further measures deemed necessary, at our sole discretion, at any time and without prior warning, as a means to ensure the integrity of the Service, us and the terms of this Agreement. Such suspension or termination or discretionary decision is done so without any liability to you given the following circumstances, including but not limited to;

If you breach these Terms;
You or any person using your account, whether with consent or not, misuses the Service;
Incorrect information given by you to us;
There are reasonable grounds for us to suspect any of the above.

24 Mailing List

FEMP Mailing List Services are provided by third parties. We can assist with the setup and management of your mailing list, however, the terms and agreements will be agreed upon between you and the third party provider. Any services that we provide in relation to mailing list will be treated as Marketing Services.

24.1 Setup

It is your responsibility to ensure that any applied Newsletter package application is completed and activated ready for full use. Quoted times for account activation are estimates and we do not guarantee or imply activation within the quoted time frame. We may delay or refuse activation if:

Payment is not cleared or received in full.
We believe the order, information or payment is fraudulent.
You have any funds outstanding with relation to any other account.
The domain name quoted does not exist, is in a non-usable state (e.g. pending renew) or deemed to be proposed for use that voids any other held policy.
There is any other reason which we deem satisfactory.

We may send notification of account activation, however:

Your contact details must be correct and up to date.
This is not final word that your hosting is fully active and ready for use, you must ensure the hosting is fully functional.

You release us of any claim arising from failed account activation whether at fault of our system, our staff or any other factor out of our reasonable control.

24.2 Loss of Service

We will endeavour to maintain network stability and satisfactory service levels, however:

We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory.
We may experience outages beyond our control caused by any of the following; force majeure (any ‘act of god’ including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by Newsletter, our suppliers or any third party.
We may, at our discretion provide notification of outages whether planned or unplanned.
You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party.

24.3 Payment

If any payment due from you to us is not received by the due date, you authorise us to directly debit that payment using the credit card account details provided by you upon registration.

We are entitled to recover (on a full indemnity basis) any costs, fees and charges (including legal costs) incurred in recovering any amounts owing by you to Newsletter. Without limitation to the above, we may charge an administration fee of USD $50.00 for any dishonoured cheques.

All transactions are encrypted with SSL 256bit for transmission across the internet. Payment details are stored in the database encrypted with AES 256 bit encryption.

You acknowledge that should we not receive renewal payment prior to the date of expiry we reserve the right to suspend services immediately without notice. We may provide a 30 day grace period whereby we will hold your information and data on our servers. Should this period expire without payment we reserve the right to purge all data pertaining to your account with us.

24.4 Suspension and cancellation

You have any outstanding invoice or account.
Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
You fail to comply with any provision in this agreement or those referenced in this agreement.
There is evidence of fraudulent, illegal, defamatory, offensive activies, or any activity in breach of a third party’s rights.
We deem your use of our services may jeopardize the operation of the service, Newsletter or our suppliers.
We deem any other reason as satisfactory to protect Newsletter, our staff and/or our suppliers.
We may suspend your account without notice if your email bounce rate exceeds 10%. High bounce rates risk the Newsletter system for all customers and will not be tolerated.

Any suspension cancellation or termination is subject to our Refunds Policy.
If your account is cancelled under this agreement:

You must pay all outstanding charges to us immediately.
We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
We may immediately delete all data held prior to cancellation.
We may perform any action without notice.

24.5 Acceptable use policy

It is your responsibility at all times to:

Use our service and services in a manner which does not violate any applicable laws or regulations.
Respect the conventions of the newsgroups, lists and networks that you use.
Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our service.
Respect the privacy of others.
Use the service in a manner which does not interfere with or disrupt other network users, services or equipment.
Refrain from acts that waste resources or prevent other users from receiving the full benefit of our services.
Ensure your use of our services remains ethical and in accordance with accepted community standards.

You must at all times comply with law. You will be in breach of this policy on violation of state, federal or international laws.
It is not acceptable to use our service(s) to:

Violate copyright or other intellectual property rights.
Illegally store, use or distribute software; transmit threatening, obscene or offensive materials.
Engage in electronic ‘stalking’ or other forms of harassment such as using abusive or aggressive language.
Misrepresent or defame others.
Commit fraud.
Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet.
Damage, modify or destroy the files, data, passwords, devices or resources of Newsletter, other users or third parties.
Engage in misleading or deceptive on-line marketing practices.
Conduct any business or activity or solicit the performance of any activity that is prohibited by law.
Make an unauthorised transmission of confidential information or material protected by trade secrets.
“Spam” or engage in “spamming” activities.
Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material.
Post or transmit defamatory, harassing, abusive or threatening language.
Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks.
Facilitating a violation of this Acceptable Use Policy.
Perform any other action through utilization of any service which we deem unsatisfactory.
Attempt to do any of the above.

You also agree not to attempt any of the following:

Utilise the Newsletterservice for display or link of nudity, obscene content, gambling related content, pharmaceutical related content, illegal software, viruses, or any other content we deem inappropriate.
It is unacceptable to delete and then upload new contacts lists with the same recipients on a regular basis. Any attempts to delete contact lists or modify lists in order to evade billing thresholds will amount to abuse of the Newsletter service. In addition to causing undue load on our servers, such actions will result in the deletion of contact history (including unsubscribes, abuse complaints and bounces). This results in contacts being reverted to your mailing list which contravenes other acceptable use clauses. Any such action can result in immediate suspension or termination of your services as per this agreement.
You acknowledge and agree that upon deletion of a contact or contact list there is a 30 day period whereby that contact or contact list cannot be replaced by a new contact or contact list.

You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We
may also report any action we find in breach of this Agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.
Any breach of our Acceptable Use Policy can result in immediate termination of Services and loss of all data held on provided services. You release us, our
staff and our suppliers of any liability resulting in such instances.

Use of Newsletter is fully governed by our Anti-Spam policy as well as any policy referenced within any Newsletter published policy.
You agree that Newsletter reserves the right to suspend or terminate any service in breach of policies, whether held directly by Newsletter or though referenced third parties.

24.6 Refunds Policy

Newsletter does not have any provision for refund or credits. Unused accounts or subscriptions will not be eligible for refund or credit.
In accordance with all policies held and referenced, Newsletter will not provide refund or credit for any account suspended or terminated for breach.

Fees are to be paid in full. Newsletter plans specify the number of subscribers held, this includes subscribers placed in Do Not Send list, bounced or rejected email address. No refund or credit provision will be made for subscribers who do not receive communication into their inbox. It is your responsibility to ensure your subscriber list is up to date and that full potential is made of allocated subscriber listings.

24.7 Liability and indemnity

You agree that we shall have no liability to you or any other person with respect to any loss of service, data, business, indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit/goodwill for any matter whether such liability is asserted on the basis of contract, tort, breach of warranties either expressed or implied.

You agree to defend, indemnify, save and hold us, our staff and suppliers from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against us, our agents, our clients, our offices and employees, that may arise or result from any service provided, performed or agreed to be performed or any product sold by a customer, their agents and employees.

You agree to defend, indemnify, and hold us harmless against liabilities arising out of:

Any injury to person or property caused by any products sold or otherwise distributed in connection with Newsletter.
Any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party.
Any breach of any representation or warranty provided herein.
Any negligence or wilful misconduct by you.
Any allegation that your account infringes a third person’s copyright, trademark, or intellectual property right, or misappropriates a third person’s trade secrets.
Any defective products sold to customers from our server.

By accessing any service hosted on our network you understand, agree and are bound to this indemnification and any other indemnification mentioned in our service agreement and agreements referenced to therein. Should we be notified of pending legal action or intention to seek legal advice, we may seek written confirmation from you concerning your obligation to indemnify Newsletter.

Failure to provide such confirmation may be considered a breach of this agreement.
We cannot be held responsible for any damages your business/operation may suffer. We provide no warranties, expressed or implied, for service we provide. Nor do we guarantee your web site or applications will be error free on our servers. We are not responsible for loss of data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries and any service interruption caused by Newsletter, our employees or our suppliers. Should any part of this policy be made invalid by relevant legislation, the remainder of the policy shall remain in force.

24.8 Third party

25 Affiliate program

This entire clause 25 relates to the Affiliate Program.

25.1 Representations by us

25.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 27.1.2;
You can only expect Services in accordance with the terms of this Agreement, and
In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 27.1.2, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.

25.1.2 Terms/Representations

The Affiliate Program provides a platform where we can reward you for successfully promoting and advertising our products and services (“Services”) via your published location (which may include, but is not limited to, your websites, newsletters, blogs and social networking pages).
We reward members of the affiliate program by applying a portion of revenue generated by us (as a result of the promotion/advertisement) to the affiliate holder’s account, in accordance with these terms.

25.2 Acceptance of Terms

By clicking the Affiliate Manager within the Domain Management Console, you are taken to have irrevocably agreed to the specific Affiliate Program terms located within this document.

25.3 Commission

25.3.1 Rates and calculation

You irrevocably agree that:

Commission rates vary accordingly to the product type, price and special offer status, and are subject to change without notice (but such changes will not be retroactive). To obtain the latest rates you should contact our support consultants.
We apply all commercially reasonable efforts to record and display accurate statistics and values regarding your Affiliate Program membership and use.
Our determination of statistics and values shall be the final and binding determination.
The following is excluded from the Affiliate program:
1. Products purchased with your account;
2. Products purchased by accounts deemed by us to belong to you, and
3. Products purchased for your own use.
Subject to these terms, any breach of this clause may result in instant termination of your Affiliate Holder account and of your ability to participate in this program.

25.3.2 Payment

You irrevocably agree that:

Commission rates vary according to the product type, price and special offer status, and are subject to change without notice (but such changes will not be retroactive). The latest rates may be obtained by contacting our support consultants.
Commissions are held for a period of forty five (45) days. During this period, commission payments may be removed in circumstances where the order and payment are no longer deemed valid (including but not limited to situations where there is payment chargeback or where an order is cancelled or terminated).
A minimum of 100.00 AUD (one hundred AUD dollars) must be present in your balance and cleared before a request for withdrawal may be accepted.
Commission withdrawals are processed on a monthly basis (once per month) and no exceptions may be made to process withdrawals beyond this basis.
Determination of commission removal is at our sole discretion and interpretation. Our determination shall be the final and binding determination.
Should you elect to be paid commission in a form other than account credit, some payments may incur a payment processing fee. Although we will always endeavour to reduce or eliminate payment processing fees when processing a payment withdrawal, you acknowledge that any fees borne by yourself as a result of payment processing are outside of our control, that we are not liable for those fees, and that you are responsible for bearing said fees.
Should your Affiliate account balance exceed $1000 AUD (one thousand AUD dollars), we reserve (and may exercise) the right to force you to withdraw commission payment via your desired payment method. Should you fail to provide necessary details, we reserve (and may exercise) the right to suspend your Affiliate membership for any length of time.
Should you elect to be paid commission in the form of account credit, commission payment must be utilised for purchasing or renewing products/services offered by us. Account credit cannot be reverted to the Affiliate Program, withdrawn in any other form, or used in any way except as credit towards products and services we offer. If your account credit exceeds $1000.00 AUD (one thousand AUD dollars) we reserve the right to remove account credit as a withdrawal method from the Affiliate Program.

25.4 Acceptable use

25.4.1 Policy compliance

You irrevocably agree that:

Affiliate Program membership is subject to our acceptable use policy, specified within this Agreement, and
The published location must not contain any material which

is sexually explicit or violent;
may appear to be promoting or depicting discrimination based or race, gender, religion, national origin, physical or mental disability, sexual orientation, age or any matter which can be deemed discriminatory;
is of an unlawful nature or which may be deemed to violate another’s intellectual property and/or rights;
that contains information regarding, promoting or links to a site that contains information of an unlawful activity, defamatory, sexually explicit, discriminatory nature;
specifically relates to entities other than us within the domain name, hosting and online marketing market, or
amounts to improper advertising.

25.4.2 Breaches

You irrevocably agree that:

It is at our sole discretion to determine whether or not there has been a breach of our acceptable use policy or this acceptable use clause;
If we deem there is a breach, any pending commission funds may be removed (and will not be available for payment withdrawal), and
If we deem there is a breach, we will immediately suspend your Affiliate Program membership or issue written notice of breach. Failure to remedy a breach, either following notice or suspension may result in termination of your Affiliate Program membership.

25.5 Loss of service

You irrevocably agree that although we will make efforts to attempt to make the Affiliate Program available to you to use, from time to time the Affiliate Program may be inaccessible or inoperable on a continuous or uninterrupted basis for any reason, including, without limitation:

Equipment malfunctions;
Periodic maintenance, repairs or replacements that we may undertake from time to time, and
Causes beyond our reasonable control or that are not reasonably foreseeable by us, including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

25.6 Indemnity and warranties

You irrevocably agree that as this Affiliate Program is provided at no charge to you, we neither offer any warranty nor accept any liability with regards to the Affiliate Program, including with respect to lost commission, payment withdrawal or loss of service.

In addition to the terms located within the entirety of this Agreement, you also irrevocably agree to indemnify us and hold us harmless against any and all claims, damages (including but not limited to incidental, special and consequential damages), losses, penalties, costs, expenses, fees, savings, goodwill, legal fees, and any other form of claim or damage arising from:

Your use of the Affiliate Program or any of our Services;
Your violation or alleged violation of an applicable law or this Agreement, and
Any assertion that we are obliged to pay taxes in connection with a commission payment made by us to you pursuant to this Agreement.

25.7 Representation

You irrevocably agree that:

In no circumstances is it acceptable to imply, act, or behave in a manner indicating that you represent us;
You shall in all circumstances deny representation and direct any necessary queries through our appropriate support channels, and
Breach of this term may result in instant termination of your Affiliate Program membership.

25.8 Termination

Affiliate membership termination can be requested by contacting the appropriate support consultants. Upon your affiliate membership being terminated, you may request a final payout in accordance with the terms of this document.

At our sole discretion, be it due to a breach of our terms or otherwise, we reserve the right to terminate the Affiliate Program in its entirety and/or your Affiliate Program membership. Although we will endeavour and make efforts to ensure the withdrawal of earned commission, this may not occur in certain circumstances, as determined by us at our sole discretion.

26 Complaints Handling

If you would like to make a complaint to FEMP, please email info@femp.me.

We strive to uphold the greatest levels of service and communication in the industry, so should the unlikely event occur that you need to lodge a complaint against FEMP, our service, any of our staff, or our general industry conduct, please make use of the above address.

Once a complaint email is lodged, we will ensure that you’re responded to within 7 days.

The management team will fully investigate your complaint within 14 working days, and will respond to your complaint within 30 days.

For .au further complaints and policies please also see the auDA website.

For .uk further complaints and polices please also see the Nominet website.

27 Chat Support

This clause relates to the usage of chat and support services on our website, and contains important information about how we will access and use personal information about you when you provide it to us. By proceeding with the use of our chat services or entering any chat session, you are taken to have read, understand, accept, and agree to abide by the terms in this clause. If you do not agree to the terms in this clause, you should not proceed with the use of our chat services or to any chat session.

27.1 Prohibited Uses

You irrevocably agree that you shall not permit, release, reproduce, duplicate, copy, or otherwise publish any contents of your conversation with us:
1. in any forum which may be accessible by the public; or
2. for any purpose connected to fraudulent or malicious activity.
You irrevocably agree that you must not and will not transmit any information which is or may reasonably be considered by us to be:
1. defamatory;
2. inflammatory;
3. offensive;
4. derogatory in nature;
5. libellous;
6. hateful;
7. fraudulent;
8. racially or religiously biased or offensive;
9. unlawful in any way, including threatening or harassing to us (including any chat agent);
10. adversely affecting our reputation;
11. causing annoyance or inconvenience to us;
12. damaging or interfering with our data, software, website, or information technology systems;
13. likely to misrepresent any person’s identity; or
14. likely to impersonate another person.

27.2 Risk and responsibility

You agree that you will bear full responsibility for all contents, phrases, and entries added to the network in connection with the use our chat and support services.
You warrant that you understand, have become familiar with technical requirements necessary to use our chat services, and have no objections in respect thereof.
You warrant that you have made yourself aware of any risk and threats connected with electronic data transmission and the use of our chat services, and that you agree to bear the risk of the use of our chat and support services.
To the extent permitted by law, we exclude all implied representations, conditions, and warranties, whether statutory or otherwise.
We will not be liable to you or any other party for indirect or consequential loss or for loss or corruption of data, loss of revenue or loss of profits, whether in contract, tort, or under statute or otherwise arising from or connected with your use of our chat services.
To the extent permitted by law, we limit our entire liability to you under these chat and support terms to one dollar and zero cents ($1.00).

27.3 Risk and responsibility

You acknowledge that conversations between you and us may be recorded by us and kept in the form of a log transcript record for quality and verification purposes.
You understand that chat log transcript records will be maintained for a period of time, as determined by us from time to time, after which time they will cease to exist. You irrevocably agree that any logs which remain in our possession will not be released by us to any other person unless expressly required by law.

27.4 Information collected

You agree that any information we collect from you during your use of chat and support services on our website, including prior to or during any chat conversation with us, may be used as follows:
1. To personalise your site experience and to allow us to deliver the type of content and product offerings in which you are interested in.
2. To allow us to better service you in responding to your customer service requests.
3. To administer a contest, promotion, survey or other site feature, and to send you periodic e-mails including in relation to marketing products and services, promotions, and other features available on our site. You will retain the right to opt-out of such marketing communications should you wish.
Notwithstanding any term to the contrary, you acknowledge that third parties who provide, maintain, or otherwise facilitate the use of our chat services may have access to your personal information you provide at any time when you use or have used our chat services.
You otherwise agree that any information we collect from you may be collected, used, stored, or disclosed in accordance with the terms of use of our website including in particular the terms of our Privacy Policy.

27.5 Right to terminate

We reserve the right to terminate any chat session if we deem you to be in breach of any part of this Agreement.

Last updated December 2, 2016