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TERMS & CONDITIONS FOR THE REGISTRATION
OF A .COM, .ORG .NET, .INFO or .BIZ DOMAIN
These Terms & Conditions set forth the Registration Agreement by you and AdWeb Ltd trading as AdWeb Names. In this Agreement AdWeb Names shall be referred to as "The Registrar", "we", "us" and you shall be referred to as "The Customer", "The Registrant", "you" or "your".
AdWeb registers domain names via ICANN (www.icann.org) [.net, .org, .com domains], Afilias (www.afilias.info) [.info domains] and NeuLevel (www.neulevel.biz) [.biz domains] accredited registrars as a supplier of domain names to the Internet community. By registering a domain name through us you agree to accept the Terms & Conditions set forth in this Agreement.
"writing", "written" and cognate expressions where used in these Terms and Conditions shall include all material expressed or transmitted in electronic form. Any notice or information relating to the performance of this Agreement which is sent by us using electronic mail to the last electronic mail address notified by you to us, will be deemed (subject to contrary proof) to have been duly served on you unless we are notified that it has not been duly delivered.
Your registration of a .biz domain via the NeuLevel Registry constitutes your agreement to the NeuLevel Registration Restrictions in place at the time of registration. For the purpose of a .biz gTLD registration, the domain name must be intended to be used primarily for "bona fide" business or commercial purposes. "Bone fide" use shall be deemed to cover the intent to use the domain name or any content, software, materials, graphical images or related information, to permit Internet users to access one or more Internet host computers through the Domain Name System to: exchange goods, services, or property of any kind; facilitate the ordinary course of trade or business; or to enhance the exchange of goods, services, information or property of any kind. Registering a domain for the explicit use of: trading, leasing or selling the domain name on for profit; the unsolicited offer to trade, lease or sell a domain name on for profit, shall not constitute a "bona fide" business or commercial use of a domain name.
BIZ Certification - You, the registrant, hereby certify to the best of your knowledge and belief that a domain name registered by you: will, be used primarily for bona fide business or commercial purposes; will be reasonably related to your business or your intended commercial purpose at the time of registration; will NOT be used for personal or non-business related use; Will NOT be used to trade, lease or sell for profit; will NOT be used in all or part of an unsolicited offer to trade, lease or sell a domain name for profit. You also agree as a registrant that you have the authority to enter into and bind you to the registration agreement.
Provision of Registration Data - As a registrant you agree to supply the following information during the registration process: your full name or the full name of an authorized contact in the case where a registrant is an organisation, association or company; the registrant's full postal address; the registrant's email address; the registrant's voice telephone number; the registrant's fax number if available. You likewise agree to advise AdWeb of any changes to this information to keep it current, complete and accurate. You also agree and understand that the afore-mentioned registration information will be publicly available and accessible through the whois service as required by the ICANN Registry agreement.
.biz Domain Name Dispute Policy - By registering a NeuLevel Registry domain name (eg .biz) through AdWeb, you agree to be bound by our current domain name dispute policy. You acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they are amended from time to time, which are hereby incorporated and form an integral part of this agreement: The Uniform Dispute Resolution Policy ("UDRP"); The Start-Up Trademark Opposition Policy ("STOP") located at www.neulevel.com/countdown/stop.html"; the Restrictions Dispute Resolution Criteria and Rules located at www.neulevel.com/countdown/rdrp.html. You agree to use the STOP which sets forth the terms and conditions in connection with a dispute between a registrant and a third party (expressly excluding NeuLevel Registry and AdWeb), should a dispute arise out of the registration or use of a Neulevel Registry domain name (eg .biz) by you the registrant, that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service is a service introduced by the Neulevel Registry to notify a trademark or service mark holder ("claimant") that a second-level domain name has been registered, which infringes upon the climant's trademark or service mark rights. In accordance with the STOP and its associated Rules, a claimant will have the right to challenge domain name registrations, through Independent ICANN acredited dispute resolution providers. The Restrictions Dispute Resolution Policy ("RDRP") sets forth the terms and conditions under which any allegation that a domain name is not being used for business or commercial purposes shall be enforced on a case-by-case and fact specific basis, by an independent ICANN accredited dispute provider. The NeuLevel Registry will not review, monitor, enforce or otherwise verify that any domain name is in violation of the RDRP or UDRP processes.
TERMS OF SERVICE
Unless sooner terminated in accordance with its terms, this Agreement shall be deemed to last two (2) years from the date of registration.
Before the registration period has expired you will (provided that you are not in breach of this Agreement) be given the opportunity to renew your domain name registration with us on an annual basis. If you elect to renew after the registration period has expired AdWeb Names cannot be responsible if any domain names have become unavailable during the period between your registration lapsing and your electing to renew your service with us.
You agree that once a domain name has been registered through the AdWeb Names service that you will not transfer the domain to another registrar during the first sixty (60) days of the registration term.
During the term of this service and the term on any subsequent renewals you are required to abide by these Terms and Conditions (as amended in accordance with their terms) at all times.
AdWeb Names cannot and will not be held accountable for domain names which are deleted or not renewed by associated action on a domain name which was caused through incorrect information being included in these details or by not informing us of a change in your contact details.
All reasonable endeavours will be made to maintain your account information and to ensure that it is protected and used only for the purpose to which it was intended.
You hereby grant AdWeb Names permission to disclose through a publicly accessible database the following registrar mandatory information: the domain name; your name and postal address; the original domain name creation date and the expiration date of the registration.
DOMAIN NAME DISPUTES
When you register or have registered on your behalf a domain name through the AdWeb Names service you agree to be bound by the ICANN Uniform Domain Name Dispute Resultion Policy (www.icann.org/udrp/udrp.htm).
AdWeb Names has adopted the ICANN Formulated Uniform Dispute Resolution Policy (UDRP) but you hereby grant AdWeb Names the ability to change this policy or introduce a new policy at its discretion by giving 30 calendar days notice on its web site (www.adwebnames.co.uk). You agree that if the Domain Name Dispute Policy is modified during the term of your registration, you will be bound by its new contents. You acknowledge that if you do not agree to any such modifications, then your only remedy will be to terminate this agreement forthwith, without refund. The purpose of the UDRP is to set forth the terms and conditions associated with a dispute between a Registrant and any other party (expressly excluding the Registry Operator for the domain in question and the Registrar) over the registration and use of a domain name registered by a registrant.
LIMITATION OF LIABILITY
Save as expressly set out in the remainder of this clause AdWeb Names's entire liability with respect to a breach of this agreement or to its negligence is solely limited to five (5) times the fees paid by you for the service you purchased.
AdWeb Names shall not be liable for any loss of profits, loss of business or loss or damage to data or for indirect, incidental or consequential damages arising out of the use of the AdWeb Names service.
Nothing in this clause shall be taken to exclude or limit the liability of AdWeb names for death or personal injury resulting from its negligence or for any other liability, which cannot validly be excluded from law.
GUARANTEE OF OWNERSHIP & USAGE
You agree that by registering your domain name through the AdWeb Names service that this does not guarantee ownership of the domain name and that Adweb Names cannot and does not purport to grant rights in respect of domain names that are more extensive or different in nature to those stated by ICANN or other Naming Committee body or found by applicable law to exist in domain names. Further, you acknowledge that your domain name may be objected to by a third party or court of law and therefore the rights to the name may be cancelled or transferred to another party should it be found that they have a legal right to its ownership or to object to its registration or use. Your rights in respect of the domain name shall cease in any case when the domain fees have not been received by Adweb Names by the due date for renewal of the name and the domain will be deemed expired and be released back into the domain pool for re-registration by another registrant. Usage of a domain name shall be unrestricted unless a domain is involved in a legal dispute or in AdWeb's reasonable opinion it appears likely to be so or payment for the domain name has not been received.
You agree to conform to all aspects of this agreement. You also agree that failure to abide by any provisions of this agreement may result in the deletion of your domain without prejudice to the right of AdWeb Names to terminate this Agreement in the event of material breach on your part. No refunds will be given in the event of any termination, suspension or deletion falling within this clause.
REPRESENTATIONS & WARRANTIES
You agree and warrant that; the information you supply on your behalf for the purpose of completing the domain name registration process through AdWeb Names is true and accurate to the best of your knowledge and belief; to the best of your belief, the registration of your domain name or the manner in which you intend to use the domain name directly or indirectly does not compromise the legal rights of a third party; you have the power and authority to execute this agreement and to perform the obligations herein; and that the use of the AdWeb Names service is soley at your own risk.
MODIFICATIONS TO THIS AGREEMENT
You agree that during the term of this agreement we hold the right to modify this agreement by giving thirty (30) calendar days notice. Notice will be made available to you by such means as in our sole discretion we deem appropriate. You also agree that AdWeb Names can change part of the services provided under this agreement by giving like notice. By continuing to use the AdWeb Names service subsequent to any revisions or changes in effect after the thirty (30) calendar days notice period, you therefore agree to abide and be bound by the revised agreement.
TERMINATION BY US
You agree that we may terminate your contractual rights to use the AdWeb Names service if the information that you are required to supply to register your domain contains falsified or misleading information. You also agree that we may suspend, cancel or transfer your domain name registration in order to resolve any inaccuracies made by us or the registry in registering a domain or to resolve a dispute under ICANN's Uniform Domain Name Dispute Resolution Policy. No refund will be granted if we terminate your service under this clause.
OUR RIGHT TO REFUSE
AdWeb Names reserves the right to refuse to register your chosen domain name. We also reserve the right to delete your domain or sell your domain should we find a credit card charge-back has been made or payment has not been received to cover the cost of the domain name registration. We will however not be liable for any losses or damages arising out of our refusal to register or deletion of your service.
TRANSFER OF SERVICE
AdWeb Names grants you the right to transfer your domain name registration to a third party of your choice, providing a period of sixty (60) days has elapsed since you first registered your domain name.
Save for disputes falling within the dispute resolution procedure described above, you agree that any legal disputes arising from the implementation of this agreement shall be handled under the laws of England and Wales. By using our service you agree to this agreement being consented to under the jurisdiction of the English and Welsh courts.
By registering a .com, .org or .net domain through our service you agree that you have read and understood the Terms and Conditions herein. You also agree that as a customer of AdWeb Names you will be bound by this agreement in its entirety.
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