18.38.7 .luxury Domain Name License Terms
18.38.8 .best Domain Name License Terms
- 18.38.8.1 Registry
- 18.38.8.2 Policy
- 18.38.8.3 Governing Law
- 18.38.9 .berlin Domain Name License Terms
- 18.38.9.1 Registry
- 18.38.9.2 Policy
- 18.38.9.3 Acknowledgements
- 18.38.9.4 Third Party Beneficiaries
- 18.38.9.5 Governing Law
18.38.10 .archi Domain Name License Terms
- 18.38.10.1 Registry
- 18.38.10.2 Policy
- 18.38.10.3 Registration Information
- 18.38.10.4 Third Party Beneficiaries
- 18.38.10.5 Governing Law
18.38.11 .bio Domain Name License Terms
- 18.38.11.1 Registry
- 18.38.11.2 Policy
- 18.38.11.3 Registration Information
- 18.38.11.4 Third Party Beneficiaries
- 18.38.11.5 Governing Law
18.38.12 .jetzt Domain Name License Terms
- 18.38.12.1 Registry
- 18.38.12.2 Third Party Beneficiaries
- 18.38.12.3 Governing Law
- 18.38.13 .UNO Domain Name License Terms
- 18.38.13.1 Registry
- 18.38.13.2 Dispute Resolution
- 18.38.13.3 Rights Protection Mechanisms
- 18.38.13.4 Abuse
- 18.38.13.5 Reserved Names and Premium Auctions
- 18.38.13.6 Sunrise
- 18.38.13.7 Governing Law
18.38.14 .voting Domain Name License Terms
18.38.15 .melbourne Specific Terms
18.38.16 .menu Doman Name Licence Terms
- 18.38.16.1 Registry
- 18.38.16.2 Policy
- 18.38.16.3 Registration Information
- 18.38.16.4 Third Party Beneficiaries
- 18.38.16.5 Governing Law
18.38.17 Specific Terms for New TLDs operated by Uniregistry
18.38.18 Specific Terms for New TLDs operated by United TLD Holdco Ltd (trading as Rightside)
- 18.38.18.1 Policy
- 18.38.18.2 Privacy and Personal Data
- 18.38.18.3 Registration Information
- 18.38.18.4 Acknowledgements
- 18.38.18.5 Indemnity
- 18.38.18.6 Disclaimer of Warranties
- 18.38.18.7 Disputes
- 18.38.18.8 Third Party Beneficiaries
- 18.38.18.9 Governing Law
- 18.38.19.1 Privacy and Personal Data
- 18.38.19.2 Abuse
- 18.38.19.3 Disputes
- 18.38.19.4 Third Party Beneficiaries
- 18.38.19.5 Governing Law
18.38.20 Specific Terms for New TLDs operated by Afilias Limited
- 18.38.20.1 Policy
- 18.38.20.2 Privacy and Personal Data
- 18.38.20.3 Acknowledgement
- 18.38.20.4 Disputes
- 18.38.20.5 Third Party Beneficiaries
- 18.38.20.6 Governing Law
- 18.38.20.7 Additional terms for .organic
18.38.18 .sc Doman Name Licence Terms
- 18.38.18.1 Registry
- 18.38.18.2 Policy
- 18.38.18.3 Registration Information
- 18.38.18.4 Agents
- 18.38.18.5 Registrant Representations and Warranties
- 18.38.18.6 Indemnity
- 18.38.18.7 Liability
- 18.38.18.8 Disputes
- 18.38.18.9 Governing Law
- 18.38.22.1 Registry
- 18.38.22.2 Policy
- 18.38.22.3 Registrant Representations and Warranties
- 18.38.22.4 Disputes
18.38.23 .sydney Specific Terms 18.38.23.1 .sydney Domain Name Licence Terms 18.38.24 .tokyo, .nagoya and .yokohama Specific Terms 18.38.25 .osaka Specific Terms
18.38.27 .hamburg Specific Terms
- 18.38.27.1 .hamburg Policy
- 18.38.27.2 Dispute Resolution
- 18.38.27.3 Third Party Beneficiary
- 18.38.27.4 Required Authorisations and Credentials
18.38.28 .london Specific Terms
18.38.29 .nyc Specific Terms18. 38.29.1 Registry
18.38.30 .vegas Specific Terms 18.38.30.1 Registry 18.38.31 .wien Specific Terms
- 18.38.31.1 Registry
- 18.38.31.2 .wien Policy
- 18.38.31.3 Personal Data
- 18.38.31.4 Third Party Beneficiary
- 18.38.31.5 Nexus Requirement
18.38.32 .how and .soy Specific Terms
18.39 Search engine optimisation
18.38.7 .luxury Domain Name License Terms
18.38.7.1 Registry
The Registry for .luxury is Luxury Partners LLC. The Registry website is located at http://www.dotluxury.com and http://nic.luxury/.
18.38.7.2 Policy
You agree to comply and be bound by all Registry policy, including but not limited to the Acceptable Use and Take down Policy, Data Protection and Privacy Policy, Land rush Policy, Reserved and Restricted Names Policy, Sunrise Policy, Sunrise Dispute Resolution Policy - National Arbitration Forum and WHOIS Policy which can be located at www.nic.luxury/#documents.
18.38.7.3 Third Party Beneficiaries
Notwithstanding anything in this Agreement to the contrary, Luxury Partners, LLC, the Registry of the .LUXURY TLD, is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of Luxury Partners, LLC have vested and that Luxury Partners, LLC has relied on its third party beneficiary rights under this Agreement in agreeing to Forecast IT being a registrar for the .LUXURY TLD. Additionally, the third party beneficiary rights of Luxury Partners, LLC shall survive any termination of this Agreement.
18.38.7.4 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.
18.38.8 .best Domain Name License Terms
18.38.8.1 Registry
The Registry for .best is Best TLD Pty Ltd.
18.38.8.2 Policy
You agree to comply and be bound by all Registry policy, including but not limited to the Naming Policy, Acceptable Use Policy, Privacy & Whois Policy and Complaint Resolution Service.
18.38.8.3 Governing Law
This Agreement shall be exclusively governed by and construed in accordance with the laws of the Commonwealth of Australia applicable to contracts made and wholly performed therein, without regard to conflict of laws principles. You hereby irrevocably consent to the exclusive personal jurisdiction of the courts of the Commonwealth of Australia, for any and all claims or disputes directed against the Registry and which arise out of, purport to enforce, construe, or otherwise relate to the TLD, this Agreement, or the Registry policies.
18.38.9 .berlin Domain Name License Terms
18.38.9.1 Registry
The Registry for .berlin is dotBERLIN GmbH & Co. KG. The Registry website is located at http://dotberlin.de/en.
18.38.9.2 Policy
You agree to comply and be bound by all Registry policy, including but not limited to the Anti-Abuse Policy, Registration, Reserved Domain Names Policy, Sunrise Policy, Sunrise Dispute Resolution Policy (SDRP), Eligibility Requirements Dispute Resolution Policy (ERDRP) and WHOIS Policy which can be located at http://dot.berlin/de/berlin-policies.
18.38.9.3 Acknowledgements
You acknowledge and agree that:
- you are fully responsible for the registration and use of your registered Domain Name; and
- you will immediately correct and update the registration information for the registered name during the registration term;
18.38.9.4 Third Party Beneficiaries
You acknowledge that the Registry is a third party beneficiary of the Registration Agreement and is entitled to enforce its rights vested by the Registration Agreement. The rights in these cases or issues vested in the Registry as beneficiary of the Registration Agreement shall survive the termination or expiration of said Registration Agreement.
18.38.9.5 Governing Law
This Agreement shall be governed and be construed under the laws of Germany, without giving effect to any conflict of law rules.
18.38.10 .archi Domain Name License Terms
18.38.10.1 Registry
The Registry for .archi is Afilias. The Registry website is located at https://afilias.info/.
18.38.10.2 Policy
You agree to comply and be bound by all Registry policy, which can be located at https://afilias.info/.
18.38.10.3 Registration Information
By registering a .archi domain name, you certify that you are an individual professional architect (or an architecture firm) registered as a member of a national architects association authorised by the registry, or an architecture-related organisation authorised by the registry.
18.38.10.4 Third Party Beneficiaries
You acknowledge and expressly agree that ICANN is an intended third-party beneficiary of this Agreement. Otherwise, this Agreement shall not be construed to create any obligation by either party to any non-party to this Agreement, including any holder of a Registered Name.
18.38.10.5 Governing Law
This Agreement is to be construed in accordance with and governed by the laws of the State Ireland.
18.38.11 .bio Domain Name License Terms
18.38.11.1 Registry
The Registry for .bio is Afilias.
18.38.11.2 Policy
You agree to comply and be bound by all Registry policy, which can be located at https://afilias.info/policies. The Registry website is located at https://afilias.info/.
18.38.11.3 Registration Information
By registering a .bio domain name, you commit to not undermine the Principles of Organic Agriculture as formulated by the IFOAM (POA). If you are a producer, transformer or retailer in the field of agriculture, food and farming, you commit to abide by POA and by any regulations in force in the relevant markets where you intend to present or promote your products within the on-line content associated with this .BIO domain name(s). IFOAM website can be located at http://www.ifoam.org/en/organic-landmarks/principles-organic-agriculture. You acknowledge and agree that you will immediately correct and update your registration information during the registration term for your registered domain name, including Personal Data.
18.38.11.4 Third Party Beneficiaries
You acknowledge and expressly agree that ICANN is an intended third-party beneficiary of this Agreement. Otherwise, this Agreement shall not be construed to create any obligation by either party to any non-party to this Agreement, including any holder of a Registered Name.
18.38.11.5 Governing Law
This Agreement is to be construed in accordance with and governed by the laws of the State Ireland.
18.38.12 .jetzt Domain Name License Terms
18.38.12.1 Registry
The Registry for .jetzt is New TLD Company AB.18.38.12.2 Third Party Beneficiaries
You acknowledge and expressly agree that ICANN is an intended third-party beneficiary of this Agreement. Otherwise, this Agreement shall not be construed to create any obligation by either party to any non-party to this Agreement, including any holder of a Registered Name.18.38.12.3 Governing Law
This Agreement is to be construed in accordance with and governed by the laws of Sweden.18.38.13 .UNO Domain Name License Terms
18.38.13.1 Registry
The Registry for .UNO is Dot Latin LLC. The Registry website is located at www.unodominio.com.18.38.13.2 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.18.38.13.3 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.18.38.13.4 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. 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 conduct18.38.13.5 Reserved Names and Premium Auctions
The Registry may reserve, and not allow the registration of any Registry TLD strings which:- appear on the list of reserved TLD(s) strings set forth in Specification 5 of the Registry Agreement; or
- such other names as are designated by the Registry to be reserved prior to General Availability of the Registry TLD to the public.
18.38.13.6 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. 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.18.38.13.7 Governing Law
This Agreement is to be construed in accordance with and governed by the laws of the State of Kansas without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the laws of the State of Kansas to the rights and duties of the Parties. You expressly and irrevocably consent and submit to the jurisdiction and venue of each court of competent jurisdiction within the State of Kansas in connection with any legal proceeding.18.38.14 .voting Domain Name License Terms
18.38.14.1 Registry
The Registry for .voting is Valuetainment Corp. The Registry website is located at www.nic.voting.18.38.14.2 Policy
You agree to comply and be bound by all Registry policy, including but not limited to the .voting Eligibility Policy, .voting Domain Name Registration Policy, .voting Acceptable Use Policy, .voting Rapid Take down Policy, .voting Whois Policy, .voting Sunrise Dispute Resolution Policy and .voting Phased Roll-out Policy which can be located at www.nic.voting/policies/index_en.html. You agree to comply with ICANN standards, policies, procedures and practices, which can be located at http://www.icann.org.18.38.14.3 Governing Law
This Agreement is to be construed in accordance with and governed by the laws of Switzerland without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the laws of Switzerland to the rights and duties of the Parties.18.38.15 .melbourne Specific Terms
The following clause (18.37.15) applies specifically to .melbourne domain names.
18.38.15.1 .melbourne Domain Name Licence Terms
Your application for a .melbourne domain name license implies understanding and agreement to all policies held by us, the Registry Operator (ARI Registry Services),http://nic.melbourne/policies/ and ICANN. Registrant agrees to maintain up to date and correct registration information for any domain name during the entirety of its registration term. It is the registrants responsibility to ensure the domain name license is secured and that it is held should you wish to continue after expiry. Forecast IT does not operate any part of the domain name systems, or grant licensing for domain names. Forecast IT FZ-LLC is the registrar for .melbourne domain names. This document contains the terms and conditions that apply between you, us and the services provided by the registrar.18.38.16 .menu Doman Name Licence Terms
18.38.16.1 Registry
The Registry for .menu is Wedding TLD2 LLC. The Registry website is located at http://www.dot-menu.com18.38.16.2 Policy
You agree to comply and be bound by all Registry policy, including but not limited to the Acceptable Use and Takedown Policy, Data Protection and Privacy Policy, Landrush Policy, Reserved & Restricted Names Policy, Sunrise Policy and WHOIS Policy which can be located at www.dot-menu.com.18.38.16.3 Registration Information
You acknowledge and agree that you will correct and update your registration information during the registration term for your registered domain name.18.38.16.4 Third Party Beneficiaries
Notwithstanding anything in this Agreement to the contrary, Wedding TLD2, LLC, the Registry of the .MENU TLD, is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of Wedding TLD2, LLC have vested and that Wedding TLD2, LLC has relied on its third party beneficiary rights under this Agreement in agreeing to Forecast IT FZ-LLC being a registrar for the .MENU TLD. Additionally, the third party beneficiary rights of Wedding TLD2, LLC shall survive any termination of this Agreement.18.38.16.5 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.18.38.17 Specific Terms for New TLDs operated by Uniregistry
The TLDs operated by Uniregistry can be found at https://uniregistry.com/domains.
18.38.17.1 Policy
You agree to comply and be bound by all Uniregistry's Acceptable Use policies and Terms of Service, as they may be updated from time to time and published on the Uniregistry website specific to the Uniregistry TLD for the Registered Name, and consistent with Uniregistry's Registry Agreement with ICANN.18.38.17.2 Acknowledgement
As a condition of purchasing and using a Registered Name in the Uniregistry TLDs you acknowledge and agree that:- any Registered name(s) allocated to you during any Uniregistry Sunrise Period are non-transferrable for the first ten (10) years after registration; and
- if you have purchased a .SEXY TLD, you shall not permit content unsuitable for viewing by a minor to be viewed from the main or top-level directory of a .SEXY domain name. For purposes of clarity, content viewed at the main or top-level directory of a .SEXY domain name is the content immediately visible if a user navigates to http://example.sexy or http://www.example.sexy. No restrictions apply to the content at any other page or subdirectory addressed by a .SEXY registered domain name.
- for the .DIET, .HIPHOP and .JUEGOS domains, you will abide by all applicable laws regarding privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures.
- for the .DIET, .HIPHOP and .JUEGOS domains, you further agree that if you collect or maintain sensitive health and financial data that you will implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.
18.38.17.3 Governing Law
This Agreement is to be construed in accordance with and governed by the internal laws of the Cayman Islands without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the Cayman Islands to the rights and duties of the Parties.18.38.18 Specific Terms for New TLDs operated by United TLD Holdco Ltd (trading as Rightside)
The TLDs operated by United TLD Holdco Ltd can be found at rightside.co.
18.38.18.1 Policy
By applying to register or reserve a domain name in a Registry TLD, you represent and warrant that neither your registration nor your use of the name will infringe the intellectual property or other rights of any third party or violate the Registry's Acceptable Use (Anti-Abuse) Policy. You acknowledge and agree to abide by all Registry Policies set forth on the Registry's website at http://rightside.co/registry/for-registrars/#c290 (the "Registry Website"). You specifically acknowledge and agree that the Registry Policies may be modified by the Registry, and agree to comply with any such changes in the time period specified for compliance. You agree to comply with all applicable ICANN requirements and policies found at www.icann.org/en/general/consensus-policies.htm.18.38.18.2 Privacy and Personal Data
You consent to the collection, use, processing, and/or disclosure of personal information in the United States and in accordance with the Registry's Privacy Policy, and incorporated by reference here. If you are submitting information from a country other than the country in which the Registry servers are located, your communications with the Registry may result in the transfer of information (including your membership account information) across international boundaries; you consent to such transfer.18.38.18.3 Registration Information
You represent and warrant that you have provided to your Registrar current, complete, and accurate information in connection with your application for a registration, and that you will correct and update this information to ensure that it remains current, complete, and accurate throughout the term of any resulting registration or reservation. Your obligation to provide current, accurate, and complete information is a material element of these terms, and the Registry reserves the right to deny, cancel, terminate, suspend, lock, or transfer any registration or reservation if it determines, in its sole discretion, that the information is materially inaccurate.18.38.18.4 Acknowledgements
You agree to comply with all applicable laws, including those that relate to privacy, data collection, consumer protection, fair lending, debt collection, organic farming, disclosure of date and financial disclosures. You agree that should you use a Registry TLD to collect and or maintain sensitive health and financial date, you implement reasonable appropriate security measures commensurate with the offering of those services as defined by applicable law. Should you choose to register one or more of the following new generic top-level domain names, you must comply with the registration requirements as described below:- Regulated TLDs: .ENGINEER, .MARKET, MORTGAGE, .DEGREE, .SOFTWARE, .VET, .GIVES, and .REHAB
- Safeguards for Regulated TLDs. Registrants must comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures. Additionally, if a Registrant collects and maintains sensitive health and financial data, Registrants must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.
- Highly-regulated TLDs: .DENTIST, .ATTORNEY, and .LAWYER
- Safeguards for Highly-Regulated TLDs. Registrants must provide to their Registrar administrative contact information, which must be kept up-to-date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory, or industry self-regulatory, bodies in their main place of business. Additionally, Registrants must possesses any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with such Highly-regulated TLD and report any material changes to the Registrant's authorizations, charters, licenses and/or other related credentials for participation in the sector associated with the Highly-regulated TLD.
- Military TLDs: .ARMY, .NAVY, and .AIRFORCE.
- Safeguards for Military TLDs. Registrant must take steps to ensure against misrepresenting or falsely implying that the Registrant or its business is affiliated with, sponsored or endorsed by one or more country's or government's military forces if such affiliation, sponsorship or endorsement does not exist.
18.38.18.5 Indemnity
You agree to (within 30 days of demand) indemnify, defend and hold harmless Right side (by express reference), Forecast IT FZ-LLC and their respective affiliates and subsidiaries, as well as each of their respective owners, directors, managers, officers, employees, contractors, service providers and agents from and against any and all claims, liabilities, costs and expenses, including reasonable legal fees and expenses (including on appeal) arising out of or relating in any way to the Registrant's domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration. You further agree that you shall not enter into any settlement or compromise of any indemnifiable claim without Crazy Domain FZ-LLC's or Right side's prior written consent, which consent shall not be unreasonably withheld and that this indemnification obligation shall survive the termination or expiration of this Registration Agreement for any reason.18.38.18.6 Disclaimer of Warranties
You acknowledge and agree that domain names in the Registry TLD are provided "as is", "with all faults" and "as available." The Registry, its affiliates and service providers, make no express warranties or guarantees about such domain names. To the greatest extent permitted by law, the registry, its affiliates and service providers, disclaim implied warranties that the registry and all software, content and services distributed through the registry, its affiliates and service providers are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. The registry, its affiliates and service providers do not guarantee that any registry tlds, or registry operations will meet your requirements, will be error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of the united tld, including any support services, will be effective, reliable, accurate or meet your requirements. We do not guarantee that you or third parties will be able to access or use a domain name in united tlds (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by a representative of the registry, its affiliates and service providers shall create a warranty regarding operations of the registry or a domain name in a registry tld. The registry, its' affiliates and service providers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon a domain name in a united tld. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if the registry, its affiliates and services providers knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the registry's liability, and the liability of the registry's affiliates and service providers, shall be limited to the amount you paid to register a united tld. You further agree that in no event shall the registry's, its affiliates and service providers, total aggregate liability exceed the total amount paid by you for the particular services that are the subject of the cause of action. You agree that the rights stated herein survive termination of the registrar's agreement with you.18.38.18.7 Disputes
You agree to submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP"), and the Uniform Rapid Suspension System ("URS"), each as described on the ICANN Website. You further agree to abide by the final outcome of any of those processes, subject to any appeal rights provided in those processes or the law, and you hereby release the Registry, its affiliates and service providers from any and all directly or indirect liability associated with such dispute resolution processes.18.38.18.8 Third Party Beneficiaries
You acknowledge and expressly agree that ICANN is an intended third-party beneficiary of this Agreement. You further acknowledge and agree that Right side is an intended third-party beneficiary of this Agreement for each Registry TLD. You acknowledge and agree that the Registry's third party beneficiary rights have vested, and shall survive any termination or expiration of your registration or reservation. Otherwise, this Agreement shall not be construed to create any obligation by either party to any non-party to this Agreement, including any holder of a Registered Name.18.38.18.9 Governing Law
The Registration Terms, its interpretation, and all disputes between the parties arising in any manner here under, shall be governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction). You agree and submit to the exercise of personal jurisdiction of courts in the State of Washington for the purpose of litigating any such claim or action. By agreeing to these registration terms and conditions, you are: (1) waiving claims that you might otherwise have against the registry, its employees, affiliates and subsidiaries, and service providers, based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of, and venue in, state or federal courts in the state of washington over any disputes or claims you have with the registry, its affiliates and service providers; and (3) submitting yourself to the personal jurisdiction of courts located in the state of state of washington for the purpose of resolving any such disputes or claims.18.38.19 Specific Terms for New TLDs operated by Famous Four Media (as representative for the Registry Operators of such New TLDs)
The TLDs operated by Famous Four Media can be found at http://www.famousfourmedia.com/our-gtlds/gtld-portfolio/.
18.38.19.1 Privacy and Personal Data
The Registry shall handle Personal Data submitted to the Registry by the Registrar in accordance with its published privacy policy located at: http://www.famousfourmedia.com/about-us/privacy/ You acknowledge and agree that the relevant personal data submitted to Forecast IT as part of the registration process shall be submitted to the Registry for the following reasons:- Inclusion in the said searchable WHOIS directory providing free public query-based access to the details as required by the Registry Agreement;
- Research on an amalgamated statistical basis;
- Day to day operation of the Registry, including email contact by the Registry with you as required by any acceptable use policy;
- To our service providers which/who provide legal, accounting, delivery, installation, system support, escrow, marketing, clearinghouse and other Registry services on our behalf;
- As may be required by law enforcement agencies or a court order or other compulsory operation of law applicable to the Registry; and
- As may be required by ICANN in accordance with a zone file access request in accordance with the Registry Agreement.
18.38.19.2 Abuse
You acknowledge and agree to give the Registry and/or Registrar all permissions, authorisations and confirmations required, or any other data subject which are reasonably required, in order to comply with the operational standards, policies, procedures and practices of the Registry and of ICANN, in particular, any acceptable use policy.18.38.19.3 Disputes
You agree to resolve disputes through binding arbitration, pursuant to the rules of the London Court of International Arbitration ("LCIA"), upon mutual written agreement. The arbitration shall be conducted in the English Language and shall occur in London, England. There shall be one arbitrator which/who shall be chosen by the LCIA. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators to relocate the cost in their award as provided in the LCIA rules. The parties shall bear their own attorney's fees in connection with the arbitration, and the arbitrators may relocate the attorney's fees in conjunction with their award. Any litigation brought to enforce an arbitration award shall be brought in Gibraltar, and this agreement shall be construed in accordance with Gibraltar law. You also agree to submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension System (URS).18.38.19.4 Third Party Beneficiaries
You acknowledge and expressly agree that ICANN is an intended third-party beneficiary of this Agreement. Otherwise, this Agreement shall not be construed to create any obligation by either party to any non-party to this Agreement, including any holder of a Registered Name. Except as stated otherwise in this Agreement, the rights of third parties are strictly excluded.18.38.19.5 Governing Law
This Agreement is to be construed in accordance with and governed by the laws of Gibraltar and the Parties expressly submit to the exclusive jurisdiction of the courts of Gibraltar.18.38.20 Specific Terms for New TLDs operated by Affiliates Limited
The TLDs operated by Affiliates Limited can be found at http://www.afilias.info
18.38.20.1 Policy
You agree to comply and be bound by all Registry policy, including but not limited to the Domain Anti Abuse Policy, DNSSEC Policies Statement, Names Collision Block List Policy, Personal Data Protection Policy, Sunrise Dispute Resolution Policy and WHOIS Policy which can be located at http://www.afilias.info/policies.18.38.20.2 Privacy and Personal Data
The Registry shall handle Personal Data submitted to the Registry by the Registrar in accordance with its published personal data protection policy located at http://afilias.info/sites/afilias.info/files/Afilias%20Personal%20Data%20Protection%20Policy_15%20April%202014.pdf18.38.20.3 Acknowledgement
You acknowledge and agree to comply with public interest commitments (as set forth in Specification 11 to the Registry Agreement, as amended from time to time), community registration policies (as set forth in Specification 12 to the Registry Agreement, as amended from time to time, and Government Advisory Committee ("GAC") safeguards.18.38.20.4 Disputes
You agree to resolve disputes arising under or in connection with this Agreement through binding arbitration, pursuant to the rules of the International Court of Arbitration of the International Chamber of Commerce ("ICC"). The arbitration shall be conducted in the English language and shall occur in Dublin, Ireland. There shall be three arbitrators: each party shall choose one arbitrator and, if the two arbitrators are not able to agree on a third arbitrator, the third shall be chosen by the ICC. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators to reallocate the costs in their award as provided in the ICC rules. The parties shall bear their own attorneys' fees in connection with the arbitration, and the arbitrators may not reallocate the attorneys' fees in conjunction with their award. The arbitrators shall render their decision within ninety days of the initiation of arbitration. Any litigation brought to enforce an arbitration award shall be brought in the courts in the Republic of Ireland, however, the parties shall also have the right to enforce a judgement of such a court in any court of competent jurisdiction. For the purpose of aiding the arbitration and/or preserving the rights of a party during the pendency of an arbitration, each party shall have the right to seek temporary or preliminary injunctive relief from the arbitration panel or a court located in the courts in the Republic of Ireland, which shall not be a waiver of this arbitration agreement. You also agree to submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension System (URS).18.38.20.5 Third Party Beneficiaries
You acknowledge and expressly agree that ICANN is an intended third-party beneficiary of this Agreement. Otherwise, this Agreement shall not be construed to create any obligation by either party to any non-party to this Agreement, including any holder of a Registered Name.18.38.20.6 Governing Law
This Agreement is to be construed in accordance with and governed by the internal laws of the Ireland without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of Ireland.18.38.20.7 Additional terms for .organic
Acceptable Use Policy Registrants of Registered Names in the .ORGANIC Registry are responsible to ensure that such Registered Names are at all times registered and used in compliance with all applicable national, federal, regional, state and local laws, ordinances and regulations ("Applicable Laws"), including, without limitation, Applicable Laws related to- the farming, raising, processing, marketing, labelling and selling of organic foods; and
- certification or similar requirements imposed on members of the organic food industry.
18.38.18 .sc Domain Name Licence Terms
18.38.18.1 Registry
The Registry for .sc is VCS (Pty) Ltd ("NIC.SC"). The Registry website is located at http://www.nic.sc.18.38.18.2 Policy
You agree to comply and be bound by the NIC.SC Registration Agreement, which can be located at http://www.nic.sc/en/forms/NIC.SC-Registration-Agreement.pdf. You agree to comply and be bound by all Registry policy, including but not limited to the Rules Governing Qualification of Registration, NIC.SC Registration Policy, NIC.SC Acceptable Use Policy, Uniform Domain Name Dispute Resolution Policy and WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy which can be located at http://www.nic.sc. You acknowledge and agree that the Registry may modify the policies from time to time, which become effective 30 calendar days after posting to the NIC.SC website. You further acknowledge and agree that the Registry is not required to provide notice of any such change. Your continued use of a .sc domain name(s) following an amendment constitutes you acceptance of the revised policies.18.38.18.3 Registration Information
You acknowledge and agree that you will ensure that:- the information submitted by or on behalf of you to the .sc ccTLD registry in connection with registration of the .sc Domain name(s) or otherwise ("Registrant Information") will during the Term comply with the NIC.SC Policies and is and will remain true, current, complete, accurate, and reliable; and
- you shall maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable by notifying the Registry immediately of a change to any such information in accordance with the appropriate NIC.SC Policy relating to modifications to the Registrant Information.
- information provided by you to the Registry is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or
- you fail to maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable.
18.38.18.4 Agents
You understand, acknowledge and agree that by using the .sc Domain name, you ratify and are bound by this Agreement (including the NIC.SC Policies incorporated into this Agreement) even if an agent (such as an Internet Service Provider, Domain name retailer, or employee) entered into this Agreement on your behalf, and even if you have not yourself read this Agreement. Further, you are responsible for all information submitted by your agent. NIC.SC will not cancel this Agreement, or refund any fees, because of any errors or omissions by the agent in the registration process or thereafter (e.g. if such agent provides incorrect Registrant Information), as such apparent authority will suffice to bind you. By acting on your behalf, such agent represents and warrants to you and NIC.SC that the agent is authorised to bind you hereto and that it has fully and thoroughly advised you of the terms and conditions of this Agreement (including the NIC.SC Policies incorporated into this Agreement).18.38.18.5 Registrant Representations and Warranties
You represent, warrant, and guarantee that:- you understand that registration entitles you only to a licence for the use of the domain name resolution services relating to the .sc Domain name for the Term and that use of such services is subject to this Agreement (including the NIC.SC Policies) and other pertinent rules and laws, including those concerning trademarks and other types of intellectual property, as these may now exist or be revised from time to time;
- to the best of your knowledge and belief, neither the registration of the .sc Domain name nor the manner in which it is to be directly or indirectly used infringes the legal rights or intellectual property rights of a third party;
- you will use, display, or exploit the .sc Domain name in good faith, and in accordance with the laws of Seychelles, international law, and applicable state laws and regulations, and will not use the .sc Domain name in any way which may violate a subsisting right of the Registry or any third party;
- the information provided by you is true and accurate, and you will update said information immediately if it changes;
- you are either
- an identifiable human individual (over the age of 18 years); or
- a legally recognised statutory entity (such as a Limited Liability Company, Partnership, Association, Society or Proprietary Limited Company);
- you will promptly notify the Registry of any actual or threatened proceedings brought in respect of the words used as or incorporated in the .sc Domain name whether by or against you;
- you will not, directly or indirectly, through registration or use of the .sc Domain name or otherwise:
- register a .sc Domain name for the purpose of diverting trade from another business or website;
- deliberately register as a .sc Domain name miss-spellings of another entity's personal, company or brand name in order to pass-off or trade on the business, goodwill or reputation of another;
- grant or purport to grant a security interest or other encumbrance on or over the .sc Domain name unless such security interest or other encumbrance does not exceed your limited rights in the .sc Domain name, does not impair your ability to fulfil your obligations under this Agreement, and does not impose obligations on the Registry beyond the obligations owed by the Registry to you in the absence of such a security interest or encumbrance;
- you meet and will continue to meet for the whole of the Term any eligibility criteria prescribed in the NIC.SC Policies for registering and using the .sc Domain name;
- that you will maintain the Registrant Information provided pursuant to clause 18.37.18.3 according to the requirements that clause;
- you have not previously submitted an application for registration of a domain name for the same character string with another registrar where:
- you are relying on the same eligibility criteria for both domain name applications; and
- the character string has previously been rejected by the other registrar;
- any content, material or web page contained on any Uniform Resource Locator ("URL"), web site or web page accessing, utilising or accessed by means of the .sc Domain name complies with the NIC.SC Acceptable Use Policy and the CoCCA recommendations and does not constitute or contain any illegal or prohibited content, including, but not limited to indecent, obscene, or pornographic material (as described more fully in the NIC.SC Acceptable Use Policy), whether incorporated directly into or linked from a web site resolved via a .sc Domain name;
- the use of the .sc Domain name and of any web page or URL accessed by or utilising the .sc Domain name will comply with the requirements of the NIC.SC Acceptable Use Policy and CoCCA recommended policies including, without limitation, those policies relating to spam.
18.38.18.6 Indemnity
You agree to defend, indemnify, and hold harmless NIC.SC, the registry operator, accredited registrars and such parties' officers, directors, shareholders, owners, managers, employees, agents, contractors, affiliates, lawyers and attorneys ("NIC.SC Related Parties") from and against any and all claims of third parties or made by the Registrant, including, but not limited to all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable lawyers or attorneys' fees (which lawyers or attorneys shall be hired at the sole discretion of the indemnified party) and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Agreement, the registration or use of the indemnified party's domain registration or other services, or to the .sc Domain name itself, including the Registrant's use, display, exploitation, or registration of the .sc Domain name, as well as for any infringing or otherwise damaging content displayed or otherwise made available on or by means of the .sc Domain name.18.38.18.7 Liability
You acknowledge and agree that, to the maximum extent possible, the registry and the nic.sc related parties shall not be liable for any direct, indirect, incidental, special, or consequential damages, including loss of profits, relating to the use, or the inability to use, the domain, or in any other way related to the domain, regardless of the form of action, whether in contract, tort (including negligence), or otherwise. Additionally, nic.sc and nic.sc related parties shall not be liable whatsoever for any losses or damages that the registrant may incur as a result of unauthorised use of the domain arising from "hacking", denial of service attack, virus, worm or otherwise, or for lack of fitness for a particular purpose of the domain or services related to the domain name. In addition, the registry and nic.sc related parties are not liable whatsoever for any damages that you may suffer because of service or system failure, including domain name system failure, root server failure, internet protocol address failure, access delays or interruptions, data non-delivery or mis-delivery, acts of god, unauthorised use of passwords, errors, omissions or mis-statements in any information or other services provided under this agreement, delays or interruptions in development of web sites, re-delegation of the .mu top level domain name, or breach of security, even if the registry or nic.sc related parties have been advised of the potential for such damages, and even if the registry or nic.sc related parties may foresee such possible damages. Your sole remedy for the registry or nic.sc related parties' breach of this agreement shall be, at the sole discretion of the registry or nic.sc related parties, the resupply of the services again or a refund of the registration fee or renewal fee (if the breach occurs during a renewal term), which remedy you acknowledge constitutes the only possible direct damages flowing from this agreement. Your sole remedy for an action not flowing from this agreement (in tort or otherwise) shall be limited to the amount of money paid to the registry or nic.sc related parties by you.18.38.18.8 Disputes
You agree to be bound by the Registry's Complaint Resolution Policy and Service.18.38.18.9 Governing Law
For all disputes in which the Registry may be or is a party to the dispute, this registration agreement shall be exclusively governed by the laws of Seychelles applicable to contracts made and performed in Seychelles, without regard to conflict of laws principles. You hereby consent to the exclusive personal jurisdiction of the courts of Seychelles, for any and all claims or disputes directed against the Registry and which arise out of, purport to enforce, construe, or otherwise relate to the .sc Domain name, this Agreement, or NIC.SC Policies. The exclusive venue for such action shall be the Courts of Seychelles. You waive any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and you waive any statutory or other right pursuant to the laws of the jurisdiction in which you reside to have a case relating to this Agreement adjudicated or resolved in that jurisdiction.18.38.22 .so Specific Terms
18.38.22.1 Registry
The Registry for .so is SO Registry, Inc. The .SO ccTLD Registry is administered by the Somali Network Information Centre (“SONIC”). The registry website is located at http://www.soregistry.so (and at the website http://www.nic.so).18.38.22.2 Policy
You agree to comply and be bound by the dotSO Domain Name Registration Policies, which can be located at http://www.nic.so/content/images/files/dotSO%20Domain%20Name%20Registration%20Policies_v1.1.pdf. You expressly agree to comply and be bound by all Registry policy which is located at the .SO ccTLD Registry's website, which are incorporated herein by reference. You expressly acknowledge and agree that the Registry may modify its policies from time to time and/or may issue interpretive guidelines on its website regarding the terms and provisions of its policies. The amendments to the Registry's policies or additional guidelines that the Registry issues will take effect at the time they are published on the Registry's website. You further acknowledge and agree that the Registry is not required to provide notice of any such change, and that your continued use of a .SO domain name(s) following an amendment will also constitute your acceptance of the revised policies.18.38.22.3 Registrant Representations and Warranties
When you submit an application or order to us to register or renew a .SO domain name (“.SO Domain Name Registration Request”), or if you hold a .SO Domain Name Registration, you represent, warrant, and guarantee that:- your .SO Domain Name Registration Request contains true, accurate and up-to-date information and is made in good faith, for a lawful purpose and does not infringe the rights of any third party;
- you shall participate in good faith in any proceedings described in the Registry's policies commenced by or against you;
- you expressly acknowledge and accept that the Registry is entitled (but not obliged) to reject a .SO Domain Name Registration Request, or to delete or transfer a .SO Domain Name Registration:
- that does not contain complete and accurate information as described in the Registry's policies or is not in compliance with the Registry's policies; or
- to protect the integrity and stability of the Shared Registry System and/or the operation and/or management of the .SO TLD; or
- in order to comply with applicable laws and regulations, and/or any decision by a competent court or administrative authority and/or any dispute resolution service provider the Registry may hereafter retain to oversee the arbitration and mediation of disputes; and/or any other applicable laws, regulations, policies or decrees; or
- to avoid any liability on behalf of the Registry, including their respective affiliates, directors, officers, employees, subcontractors and/or agents; or
- following the outcome of a Sunrise Reconsideration Proceeding as outlined in the Registry's policies.
- you expressly acknowledge and accept that the Registry is entitled to suspend or revoke any .SO Domain Name Registration in case of non-compliance or violation of its policies, including but not limited to these representations and warranties;
- your .SO Domain Name Registration Request or .SO Domain Name Registration meets the nexus requirement of having a bona fide connection to Somalia, which includes but are not limited to:
- institutions and organisations in Somalia;
- residents of Somalia;
- others who have a legitimate, clear, and provable connection; and
- your .SO Domain Name Registration Request or .SO Domain Name Registration will meet the nexus requirement specified above at all times during the period in which the registration is valid;
- to your knowledge, your .SO Domain Name Registration Request or .SO Domain Name Registration will not infringe upon or otherwise violate the rights of a third party;
- you are not submitting and will not use the .SO Domain Name Registration Request or .SO Domain Name Registration for any unlawful purpose (which, for the avoidance of doubt, includes concepts and content relating to indecency, pornography and gambling), contrary to public policy or morality, for offensive purposes, to mislead the public, and/or contrary to good and fair business practices;
- you will not knowingly use any .SO domain name in violation of any applicable laws or regulations including third party interests;
- you will keep WHOIS information related to your .SO domain name accurate and up-to-date at all times, both with us and the Registry.
18.38.22.4 Disputes
You expressly acknowledge and accept that the language of proceedings referred to in article 4 of the .SO Domain Name Registration Policies must be in the English language.18.38.23 .sydney Specific Terms
The following clause (18.37.23) applies specifically to .sydney domain names.
18.38.23.1 .sydney Domain Name Licence Terms
Your application for a .sydney domain name license implies understanding and agreement to all policies held by us, the Registry Operator (ARI Registry Services),http://nic.sydney/policies/ and ICANN. Forecast IT does not operate any part of the domain name systems, or grant licensing for domain names. Forecast IT FZ-LLC is the registrar for .sydney domain names. This document contains the terms and conditions that apply between you, us and the services provided by the registrar.18.38.24 .tokyo, .nagoya and .yokohama Specific Terms
The following clause (18.38.24) applies specifically to .tokyo, .nagoya and .yokohama domain names.
18.38.24.1 Registry
The Registry for the .tokyo, .nagoya and .yokohama TLDs is GMO Registry, Inc. The Registry website is located at http://www.gmoregistry.com/en/.18.38.24.2 .tokyo, .nagoya and .yokohama Domain Name Licence Terms
You acknowledge and agree that you shall comply with all applicable laws and government regulations. Your application implies that you have understood and will comply with all ICANN standards, policies, procedures and practices, which can be located at http://www.icann.org. You agree that you shall comply with all operational standards, policies, procedures and practices for the Registry System established from time to time by the Registry, including but not limited to the Domain Name Registration Policies, the Sunrise Dispute Resolution Policies, the Abusive Use policy, and the Searchable WHOIS Access Policy and terms of use, which can be located at https://www.gmoregistry.com/en/geotlds/policy/regist/. Dreamscape Networks FZ-LLC does not operate any part of the domain name systems, or grant licensing for domain names. Crazy Domains FZ-LLC is the registrar for .tokyo, .nagoya and .yokohama domain names. Dreamscape Networks FZ-LLC is a re-seller of Crazy Domains FZ-LLC in this respect. The actions of Crazy Domains FZ-LLC are independently run beyond our control.18.38.24.3 Indemnity and Liability
You agree to indemnify, defend and hold harmless the Registry, including its directors, officers, employees, subcontractors and agents, to the maximum extent required by law, from and against any claims, damages, liabilities, costs and expenses arising out of or relating to any application and/or request for the registration of a Domain Name made here under, the registration of a Domain Name and/or the use of a Domain Name; such obligation to indemnify, defend and hold harmless the Registry shall survive the termination of the Registrant Agreement.18.38.24.4 Registration Information and Personal Data
You undertake to update or correct registration information during the registration term of a Registered Name. You acknowledge and accept that the Registry may make use of your Personal Data, which use includes the processing, copying, publishing, modifying and making available through the WHOIS Service, of any such data, and authorise its subcontractors and agents to do the same, in accordance and compliance with relevant applicable data protection and privacy legislation, and for the sole purposes of allowing the Registrar to render the Domain Name Registration Services here under. The Registry shall take reasonable steps to protect Personal Data from loss, misuse, unauthorised disclosure, alteration or destruction.18.38.24.5 Dispute Resolution
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: i. The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/udrp/policy; and ii. The Uniform Rapid Suspension Procedure and Rules, available at http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en; and18.38.24.6 Prohibited Use
You acknowledge and agree to abstain from using a Registered Name for 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.18.38.24.7 Right to Deny
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, that it deems necessary, in its discretion;- to protect the integrity and stability of the registry;
- to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;
- to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, and employees;
- per the terms of this agreement;
- in the event of an occurrence of one of the prohibited activities listed in Clause 18.38.24.5; or
- to correct mistakes made by the Registry or any Registrar in connection with a domain name registration.
18.38.25 .osaka Specific Terms
The following clause (18.37.25) applies specifically to the .osaka domain name. The Registry for .osaka is Interlink Co., Ltd. The Registry website is located at http://domain.osaka/en/about/.
18.38.25.1 .osaka Domain Licence Terms
Your application implies that you have understood and will comply with all ICANN standards, policies, procedures and practices, which can be located at http://www.icann.org. You agree to and will comply with all Registry Policy, including but not limited to the Domain Registration Terms and Conditions, Landrush Policy, Nexus Policy, Privacy Policy, Sunrise Policy and WHOIS Policy, which can be located at http://domain.osaka/en/legal/. Forecast IT does not operate any part of the domain name systems, or grant licensing for domain names. Forecast IT FZ-LLC is the registrar for .osaka domain names. Forecast IT is a re-seller of Forecast IT FZ-LLC in this respect. The actions of Forecast IT FZ-LLC are independently run beyond our control.18.38.27 .hamburg Specific Terms
The following clause (18.37.27) applies specifically to the .hamburg domain name. The Registry for .hamburg is Hamburg Top-Level-Domain GmbH. The Registry website is located at http://nic.hamburg/.
18.38.27.1 .hamburg Policy
Your application implies that you have understood and will comply with all ICANN standards, policies, procedures and practices, which can be located at http://www.icann.org. You agree to and will comply and adhere to all Registry Policies, including but not limited to the .hamburg Registration Policy, Reserved Domain Names Policy, WHOIS Policy, ERDRP Policy, Anti-Abuse Policy and the Eligible Post Codes Policy, which can be located at http://nic.hamburg/richtlinien/. Forecast IT does not operate any part of the domain name systems, or grant licensing for domain names. Forecast IT FZ-LLC is the registrar for .hamburg domain names.18.38.27.2 Dispute Resolution
You agree to adhere and comply with all applicable ICANN Policies and Registry Policies for the resolution of disputes concerning domain names, including but not limited to:- ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP), available at http://www.icann.org/en/help/dndr/udrp/policy;
- ICANN's Uniform Rapid Suspension (URS) policy, available at http://www.icann.org/en/resources/registries/urs; and
- .hamburg Eligibility Requirements Dispute Resolution Policy (ERDRP), available at http://nic.hamburg/richtlinien/.
18.38.27.3 Third Party Beneficiary
You acknowledge that the Registry is a third-party beneficiary of this Agreement and as such is entitled to enforce its rights vested by this Agreement. The expiry or termination of this Agreement shall not affect the rights acquired by the Registry through the execution of this Agreement.18.38.27.4 Required Authorisations and Credentials
By submitting your application you represent to us, the Registrar, and the Registry that you possess any necessary authorisations, charters, licences and/or other related credentials for participation in the sector associated with the .hamburg TLD. You also acknowledge and agree that you are required to report any material changes to the validity of your authorisations, charters, licences and/or other related credentials for participation in the sector associated with the TLD in order to ensure that you continue to conform to appropriate regulations and licensing requirements and generally conduct your activities in the interests of the consumers that you serve.18.38.28 .london Specific Terms
The following clause (18.37.28) applies specifically to the .london domain name. The Registry for .london is Dot London Domains Limited. The Registry website is located at http://domains.london/.18.38.28.1 Nexus Requirement
Subject to the Registry Policies, .london domain names are available to individuals or entities who have a physical address in London (comprising the City of London and 32 London Boroughs); or who in good faith declare that they have an affiliation with or interest in London, such as to provide information, or offer products, goods or services, relevant to London or Londoners. If when you apply to register or renew a .london domain name or at any time during the registration term of the domain name you do not have an address in London, you are automatically making a declaration that you have the necessary affiliation with or interest in London.18.38.29 .nyc Specific Terms
The following clause (18.37.29) applies specifically to the .nyc domain name.18.38.29.1 Registry
The Registry for .nyc is the City of New York. The Registry website is located at http://www.ownit.nyc/.18.38.29.2 .nyc Policy
Your application implies that you have understood and will comply with all ICANN standards, policies, procedures and practices, which can be located at http://www.icann.org. You agree to and will comply with all Registry Policy, including but not limited to the Acceptable Use Policy, Nexus Policies, and Registration Rules, which can be located at http://www.ownit.nyc/policies/. Forecast IT does not operate any part of the domain name systems, or grant licensing for domain names. Forecast IT FZ-LLC is the registrar for .nyc domain names.18.38.29.3 Personal Data
When you register a domain name, your registrar will collect certain information, including your name, address, contact information, and the IP address of the servers on which your domain name is hosted. The Registry collects this information, known as “WHOIS Information” from registrars, and makes it available online in the WHOIS database. The Registry reserves the right to use and disclose this information as needed to provide the domain registry services, identify and respond to cyber security threats, protect our rights and the rights of third parties, and as required by law. In addition, the Registry may from time to time collect and aggregate demographic data or statistical analysis and other research, but does not disclose Personal Data in the process. The Registry does not use or disclose Personal Data other than described above, except:- with your express permission;
- where permitted by their customer agreements, for internal use, research, fraud prevention, and product development;
- to
- comply with US or foreign laws or to respond to lawful requests and legal process in US or foreign civil, criminal or investigative matters,
- enforce agreements, their terms and conditions, and policies, and protect the Registry's rights and property as the site owner, and
- in an emergency to protect the personal safety of Neustar, its customers, or any person;
- in an aggregated or de-identified form that does not directly identify you;
- with third party vendors, consultants and other service providers who are working on our behalf, but we limit their access and use of Personal Data to that which is needed to carry out their work for us; and
- in connection with any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company.
18.38.29.4 Nexus Requirement
The Registry desires to have only those individuals or entities having a substantive and lawful connection to the City of New York be permitted to register for .NYC domain names.- Registrants for .NYC domain names must be either:
- natural person whose primary place of domicile is a valid physical address in the City of New York; or
- an entity or organisation that has a physical street address in the City of New York.
- The existence of a P.O. Box address in the City of New York shall not qualify for purposes of meeting the Nexus Policy.
- You agree that you are in compliance with all relevant Federal, New York State and New York City laws, including the tax requirements in conducting business via the Internet.
- You must remain in compliance with the applicable Nexus Category for the entire period of your domain name registration.
- You may not licence, sub-delegate or otherwise transfer .NYC domain names to third parties that otherwise fail to meet the requirements of this clause and the .nyc Nexus Policy.
18.38.30 .vegas Specific Terms
The following clause (18.37.30) applies specifically to the .vegas domain name.18.38.30.1 Registry
The Registry for .vegas is Dot Vegas, Inc. The Registry website is located at http://www.nic.vegas/. You agree to and will comply with all Registry Policy, including but not limited to the General Registration Policy, the Reserved and Premium Names Policy, the Anti-Abuse/Acceptable Use Policy, Dispute Resolution Policy, and the Privacy Policy, which can be located at http://www.nic.vegas/. Forecast IT does not operate any part of the domain name systems, or grant licensing for domain names.18.38.31 .wien Specific Terms
The following clause (18.37.31) applies specifically to the .wien domain name.18.38.31.1 Registry
The Registry for .wien is punkt .wien GbmH. The Registry website is located at https://www.nic.wien/de.18.38.31.2 .wien Policy
Your application implies that you have understood and will comply with all ICANN standards, policies, procedures and practices, which can be located at http://www.icann.org. You agree to and will comply with all Registry Policy, including but not limited to the Registry's General Terms and conditions, General Guidelines, ERDRP, WHOIS Policies, Auction Guidelines and Anti-Abuse Policies, which can be located at https://www.nic.wien/de/.wien/policies. Forecast IT does not operate any part of the domain name systems, or grant licensing for domain names. Forecast IT FZ-LLC is the registrar for .wien domain names. Forecast IT is a reseller of Forecast IT FZ-LLC in this respect. The actions of Forecast IT FZ-LLC are independently run beyond our control.18.38.31.3 Personal Data
The Registry shall handle Personal Data submitted to the Registry by the Registrar 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”). The Registry shall not use or authorise the use of Personal Data in any way that is incompatible with such purposes or the applicable law. The Registry will not assign the data to any third party apart from the obligatory communication defined by ICANN. When required by ICANN, however, punkt.wien GmbH may make Personal Data available to ICANN or the relevant authorities for inspection unless barred by constraining law.18.38.31.4 Third Party Beneficiary
Notwithstanding anything in this Agreement to the contrary, punkt.wien GmbH the Registry Operator of the 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 punkt.wien GmbH have bested and that punkt.wien GmbH has relied on its third party beneficiary rights under this Agreement in agreeing to Forecast IT FZ-LLC being registrar for the TLD> Additionally, the third party beneficiary rights of punkt.wien GmbH shall survive any termination of this Agreement.18.38.31.5 Nexus Requirement
The following persons are eligible for Registration of a domain name under .wien TLD: Any natural person, legal person, organisation or association intending to show an economic, cultural, tourist, historical, social or other affinity with the Austrian federal capital Wien (Vienna). Fulfilment of the nexus conditions can be reviewed by initiating alternative dispute resolution procedures, per the Eligibility Requirements Dispute Resolution Policy, available at https://www.nic.wien/de/.wien/policies.18.38.32 .how and .soy Specific Terms
The following clause (18.38.32) applies specifically to the .how and .soy domain names.18.38.32.1 .how and soy Domain Licence Terms
You agree to comply with Registry policies, including but not limited to the Registry Privacy Policy, which can be found at g.co/registryPrivacy. You agree that all domain names in the Registry TLD(s) will be subject to the Domain Name Abuse Policy and the Registry TLD’s Startup Policy. The Domain Name Abuse Policy can be found at g.co/registryDomainAbuse. The .how Startup Policy can be found at g.co/howStartupPolicy, and the .soy Startup Policy can be found at g.co/soyStartupPolicy.18.39 Search engine optimisation
You acknowledge that we do not have direct control over search engine placement. We use our best endeavours to maintain a high position for your web site, no ongoing guarantee of placement position is made or implied. We guarantee a Google listing within 8 weeks of application to our SearchBooster product. This guarantee is dependent on:- The provision of valid, correct and up to date information
- The satisfactory completion of the forms, steps and recommendations
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