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18.38.0) Domain Names

Lachlan Williams
Updated

18.38 Specific Terms for New gTLDs

18.38.1 Specific Terms for New gTLDs operated by Donuts Registry.

18.38.1.9.1 Notification 18.38.1.10 DPML Blocks 18.38.1.11 Reserved Domain Names 18.38.1.12 Sunrise

18.38.1.13 Determinations Final 18.38.1.14 Indemnity:

18.38.1.15 Safeguards for Regulated TLDS 18.38.1.16 Safeguards for Highly-regulated TLDs 18.38.1.17 Third Party Beneficiaries 18.38.1.18 Governing Law 18.38.2 .build Domain Name Licence Terms

18.38.4 .CEO Domain Name License Terms

18.38.5 .club Domain Name License Terms

18.38.6 .kiwi Domain Name License Terms

18.38 Specific Terms for New gTLDs

18.38.1 Specific Terms for New gTLDs operated by Donuts Registry.

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

18.38.1.1 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: Forecast IT 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.

18.38.1.2 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.

18.38.1.3 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.

18.38.1.4 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.

18.38.1.5 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.

18.38.1.6 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.

18.38.1.7 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)

18.38.1.8 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.

18.38.1.9 Domain Names

In making an application to register a domain name, you acknowledge and agree that:
  1. 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;
  2. 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 Dreamscape Networks FZ-LLC and the Registry;
  3. 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:
  1. to enforce Registry Policies and ICANN Requirements, each as amended from time to time;
  2. 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;
  3. to protect the integrity and stability of the SRS or the operation or management of the Registry;
  4. 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;
  5. 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;
  6. to correct mistakes made by the Registry or any Registrar in connection with a registration; or
  7. as otherwise provided in the Terms and Conditions and the Registry-Registrar agreement between Forecast IT and the Registry;

18.38.1.9.1 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 Forecast IT and the Registry, Registry Policies, or any other applicable law or regulation.

18.38.1.10 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 Forecast IT 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;
  • Donuts Rights regarding DPML Applications; and
  • Notifications

18.38.1.11 Reserved Domain Names

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

18.38.1.12 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.

18.38.1.12.1 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.

18.38.1.12.2 Representations and Warranties

By submitting a Sunrise application, or modifying a Sunrise registration, you acknowledge that:
  1. 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;
  2. it shall participate in good faith in any proceedings described in the terms and conditions or the Registry-Registrar agreement between Forecast IT and the Registry;
  3. the Registry or its agents are authorised to share information to the TMCH, other Sunrise Applicants, or the general public relating to the Applicant's Sunrise Application;
  4. the Sunrise Applicant or Registrant accepts and will abide by the Registry Policies;

18.38.1.12.3 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:
  1. to enforce Registry Policies and ICANN Requirements, each as amended from time to time;
  2. 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;
  3. to protect the integrity and stability of the SRS or the operation or management of the Registry;
  4. 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;
  5. 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;
  6. to correct mistakes made by the Registry or Forecast IT in connection with a Sunrise Registration;
  7. if the Registry receives notice that the SMD File is under dispute; or
  8. as otherwise provided in the Terms and Conditions and the Registry-Registrar agreement between Forecast IT and the Registry.

18.38.1.12.4 Sunrise Notification

  1. the Registry may publish all or any portion of a pending Sunrise application (e.g., via Whois);
  2. the Registry will notify all Registrars sponsoring Sunrise applications applying for the same domain name of pending auctions for such Sunrise applications;
  3. Registrars receiving notice of a pending auction must pass on such notice to their Sunrise applicants;
  4. 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.
  5. the Registry will notify the TMCH of successful Sunrise applications once the corresponding Sunrise registration has been activated.

18.38.1.13 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 Forecast IT may have under applicable law, ICANN policies, or Registry-provided dispute resolution procedures;

18.38.1.14 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.

18.38.1.14.1 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 Forecast IT and you or any Applicants, or any party acting in the name and/or on behalf of you or such Applicants.

18.38.1.14.2 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.

18.38.1.15 Safeguards for Regulated TLDS

You acknowledge and agree:
  1. 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.
  2. 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.

18.38.1.16 Safeguards for Highly-regulated TLDs

You acknowledge and agree:
  1. 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;
  2. 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;
  3. 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;
  4. to possess any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with such Highly-regulated TLD; and
  5. 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.
  6. registrants of .doctor domains who hold themselves out to be licensed medical practitioners must demonstrate to the Registrar and Registry, upon request, that they hold the applicable licence.

18.38.1.17 Third Party Beneficiaries

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

18.38.1.18 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.

18.38.2 .build Domain Name Licence Terms

18.38.2.1 Registry

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

18.38.2.2 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.

18.38.2.3 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 Forecast IT being a registrar for the .BUILD TLD. Additionally, the third party beneficiary rights of Plan Bee, LLC shall survive any termination of this Agreement.

18.38.2.4 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.

18.38.3 .buzz Domain Name License Terms

18.38.3.1 Registry

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

18.38.3.2 Privacy and Personal Data

The Registry and Registry Service Provider (Neustar, Inc) shall take reasonable steps to protect Personal Data from loss, misuse, 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. 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 authorised 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.

18.38.3.3 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:
  1. The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/udrp/policy;
  2. The Uniform Rapid Suspension Procedure and Rules, available at http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en; and
  3. The Transfer Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/tdrp.

18.38.3.4 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.

18.38.3.4.1 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 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 or similar status, as it deems necessary, in its unlimited and sole discretion:
  1. to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs);
  2. to protect the integrity, security and stability of the Internet or Registry;
  3. 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;
  4. 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;
  5. for violations of this Agreement and its Exhibits;
  6. to correct mistakes made by the Registry or the Registrar in connection with a domain name registration;
  7. to ensure compliance with ICANN and/or Registry policies and/or procedures; or
  8. 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

18.38.3.5 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.

18.38.3.6 Reserved Names and Premium Auctions

The Registry may reserve, and not allow the registration of any Registry TLD strings which:
  1. appear on the list of reserved TLD(s) strings set forth in Specification 5 of the Registry Agreement; or
  2. 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.

18.38.3.7 Sunrise

You agree that, by submitting a Sunrise Application, the Registry and/or its Authorised 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.

18.38.3.8 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.

18.38.3.9 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.

18.38.3.10 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.

18.38.4 .CEO Domain Name License Terms

18.38.4.1 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.

18.38.4.2 Terms and Conditions

    1. 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 Forecast IT of changes to the Registry Policies via email, and Forecast IT 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 Forecast IT 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 Forecast IT policies regarding such cancellation.
    1. Registration Fee. The Registrant shall pay to Forecast IT the appropriate registration fee (Registration Fee) applicable at the time the Registrant submits its Application to Forecast IT. Payment of the Registration Fee shall be made in accordance with the requirements of Forecast IT, 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 Forecast IT 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 Forecast IT. The Registry will not refund any Registration Fee or other fee to the Registrant in the event of non–performance by Forecast IT; the Registry disclaims any and all liability for any losses incurred as a result of any non-performance by Forecast IT including where a third party may obtain registration of a domain name for which an Application has been submitted.
    2. 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 Forecast IT' 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.
    3. Registrant Information. The Registrant shall ensure that the information submitted by or on behalf of the Registrant to Forecast IT 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 Forecast IT 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 Forecast IT 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 Forecast IT, 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 Forecast IT 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 Forecast IT. 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 Forecast IT 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.
    4. 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).
    5. Scope of Registration. On payment of the Registration Fee to Forecast IT and after payment by Forecast IT to the Registry of the separate Forecast IT 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, sub-license, 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 sub-license, 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-licencor 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-licencor, 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 Forecast IT 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 Forecast IT and/or the Registry or any violation of the Registry Policies), neither the Registry nor Forecast IT 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 Forecast IT' 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.
    6. 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 recognised as being able to enter into a legally-binding contract under applicable law; or, (b) a properly described and legally-recognised 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, utilising, 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 utilising the domain name will comply with the requirements of the Acceptable Use Policy.
    7. 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 Forecast IT, 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 Forecast IT, 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 Forecast IT, 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 Forecast IT and/or the Registry may, with the cooperation of Forecast IT, 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 Forecast IT 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, Forecast IT, 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.
    1. 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.
    2. Indemnity. The Registrant shall indemnify and hold harmless the Registry, Forecast IT, 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.
    3. 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.
    1. 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.
  1. 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 Forecast IT and a Registrant may be governed by a separate agreement, if any, between the Registrant and Forecast IT); 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.
  2. 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.
  3. 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 Forecast IT, Registry, and Registrant in executing this Agreement.
  4. 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.
  5. 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 Forecast IT 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 Forecast IT relating to domain name services provided by Forecast IT, 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.
  6. Written Agreement. This Agreement constitutes a written agreement between the Registrant and Forecast IT 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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 Forecast IT 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.

18.38.5 .club Domain Name License Terms

18.38.5.1 Registry

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

18.38.5.2 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.

18.38.5.3 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

18.38.5.4 Reserved Names and Premium Auctions

The Registry may reserve, and not allow the registration of any Registry TLD strings which:
  1. appear on the list of reserved TLD(s) strings set forth in Specification 5 of the Registry Agreement;
  2. such other names as are designated by the Registry to be reserved prior to General Availability of the Registry TLD to the public; or
  3. any other name designated by the Registry at its sole discretion.
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.

18.38.5.6 Sunrise

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

18.38.5.7 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. 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.

18.38.6 .kiwi Domain Name License Terms

18.38.6.1 Registry

The Registry for .kiwi is Dot Kiwi Limited. The Registry website is located at http://hello.kiwi. The Registry's policies, including the Registrant Agreement, are found at https://hello.kiwi/policies.

18.38.6.2 Registrant Agreement

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. 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 Forecast IT of changes to the Registry Policies via email, and Forecast IT 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 Forecast IT 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 Forecast IT policies regarding such cancellation.
  1. Registration Fee. The Registrant shall pay to Forecast IT the appropriate registration fee (Registration Fee) applicable at the time the Registrant submits its Application to Forecast IT. Payment of the Registration Fee shall be made in accordance with the requirements of Forecast IT, 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 Forecast IT 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 Forecast IT. The Registry will not refund any Registration Fee or other fee to the Registrant in the event of non–performance by Forecast IT; the Registry disclaims any and all liability for any losses incurred as a result of any non-performance by Forecast IT including where a third party may obtain registration of a domain name for which an Application has been submitted.
  2. 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 Forecast IT' 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.
  3. Registrant Information. The Registrant shall ensure that the information submitted by or on behalf of the Registrant to Forecast IT 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 Forecast IT 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 Forecast IT 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 Forecast IT, 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 Forecast IT 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 Forecast IT. 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 Forecast IT 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.
  4. 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 re-seller, 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).
  5. Scope of Registration. On payment of the Registration Fee to Forecast IT and after payment by Forecast IT to the Registry of the separate Forecast IT 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, sub-license, 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 sub-license, 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-licencor 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-licencor, 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 Forecast IT 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 Forecast IT and/or the Registry or any violation of the Registry Policies), neither the Registry nor Forecast IT 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 Forecast IT' 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.
  6. 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 recognised as being able to enter into a legally-binding contract under applicable law; or, (b) a properly described and legally-recognised 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, utilising, 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 utilising the domain name will comply with the requirements of the Acceptable Use Policy.
  7. 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 Forecast IT, 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 Forecast IT, 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 Forecast IT, 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 Forecast IT and/or the Registry may, with the cooperation of Forecast IT, 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 Forecast IT 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, Forecast IT, 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.
  8. 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.
  9. Indemnity. The Registrant shall indemnify and hold harmless the Registry, Forecast IT, 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.
  10. 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.
  11. 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.
  12. 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 Dreamscape Networks FZ-LLC and a Registrant may be governed by a separate agreement, if any, between the Registrant and Dreamscape Networks FZ-LLC); 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.
  13. 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 Who is or similar information repositories, and any other information generated or obtained in connection with providing domain name registration services.
  14. 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 Forecast IT, Registry, and Registrant in executing this Agreement.
  15. 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.
  16. 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 Forecast IT 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 Forecast IT relating to domain name services provided by Forecast IT, 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.
  17. Written Agreement. This Agreement constitutes a written agreement between the Registrant and Forecast IT 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.
  18. 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.
  19. 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.
  20. 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.
  21. 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 Forecast IT in Agreement compliance-related matters.
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.

18.38.6.3 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 Forecast IT in Agreement compliance-related matters.

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