You release, indemnify and hold us, ICANN and registry operators, and the subcontractors, agents, employees, officers, directors, shareholders, and affiliates of such parties harmless from and against any and all liabilities, claims, damages, costs and expenses, including reasonable attorneys` fees and legal fees, for third party claims in connection with or under this Agreement. including a breach of your representations, warranties, agreements or obligations set forth in this Agreement, the Services provided hereunder or your use of the Services, including, but not limited to, infringement of the intellectual property or other proprietary rights of any person or entity by you or any other person using the Services, or by violating any of our or ICANN Operating Rules or policies relating to the services provided. We may obtain written statements from you promising to indemnify and hold us harmless from the costs and liabilities described in this paragraph. These written statements may include, in our sole discretion, the deposit of one or more performance guarantees or other guarantees reasonably calculated to secure payment. Your failure to make such statements may be deemed by us to be a breach of this Agreement by you and may, in our sole discretion, result in the loss of your right to control the provision of domain name services for which you are the registrant and in respect of which we are the registered registrar. This compensation is in addition to any compensation required under the UDRP or any other ICANN policy or a policy of a relevant registry; or (b) set forth elsewhere in this Agreement. Unless a domain name is kept in a suspended state due to a dispute, transfer, or other status inconsistent with termination, we will place the domain name in a state that states that it must be removed before (a) the domain name is subject to the appropriate termination or deletion process of the registrar, or (b) the registration deadline expires. In the event of a dispute before the deletion or expiration of the domain name, you will be identified as the registrant. If you do not renew your domain name registration during our specified grace period, you confirm that you have abandoned the domain name and that it is available from third parties for sale and registration. As part of the registration process and to comply with applicable ICANN and Registry policies, you are required to provide us with certain information and to update us promptly if that information changes so that our records are current, complete and accurate. You are required to provide us with the following information: (a) your name, postal address, e-mail address, and voice and fax telephone numbers (if any); (b) the domain name to be registered; © the name, postal address, e-mail address, voice and fax telephone numbers (if applicable) of the administrative contact for the domain name; (d) the name, postal address, e-mail address and voice and fax telephone numbers (if any) of the billing contact for the domain name; and (e) the name, postal address, e-mail address, voice and fax telephone numbers (if any) of the technical contact of the domain name.
Failure to respond to requests from us in connection with such required information may result in termination of the Services for you. You agree and acknowledge that we may provide the information you provide to ICANN domain names, registry administrators, law enforcement agencies and, where applicable, other third parties. You further agree and acknowledge that we may provide some or all of the information you provide publicly or directly to third parties for the registration of domain names for inspection purposes (para. B through our WHOIS Service) or for other purposes required or permitted by ICANN and applicable laws. We provide registrar services in accordance with the terms of our accreditation to do so through top-level domain registries (“TLDs”) and competent registrars (e.g., those established by ICANN, the Internet Corporation for Assigned Names and Numbers; country-specific TLD administrators; subdomain registration service providers). The registration services we may offer in a TLD are necessarily defined and limited by the scope of the conditions of our accreditation by these registries and authorities. Your acceptance of our registrar services is subject to the conditions, restrictions, policies and other rules established and maintained by such registries and authorities. It is important that you are clear about which registrar or registrar rules may or may not apply to your domain registration. Many registries require the inclusion of various conditions that are applied to domain names in their respective TLDs.
In the event that this Agreement may be inconsistent with any provision, condition, policy or procedure of any applicable registry, the terms, conditions, policies or procedures of the applicable registrar shall prevail. These Terms and the terms of our accreditation in various TLDs contain important provisions regarding dispute resolution policies, terms of use, and personal data retention requirements. You agree that your domain name registration will be suspended, cancelled, or transferred in accordance with applicable TLD registration policies or rules, ICANN, or government-accepted requirements; or in accordance with a registrar or registration process that is not inconsistent with a registrar, ICANN, or a request accepted by the government to (1) correct errors made by us or a registrar when registering the name, or (2) resolve disputes regarding the domain name. You agree that in the event of a dispute relating to a domain name, in addition to the costs and fees we incur (see “Indemnification”), we may charge a dispute management fee of $50 per domain and effectively collect such fees in our sole discretion. The person named as registered in WHOIS is the owner of the registered name. You agree that before transferring your domain name registration to another person (the “Acquirer”), you require the Acquirer to agree to be bound by all the terms of this Agreement. If, in our sole discretion, the assignee is not reasonably bound by the terms of this Agreement, such transfer will be null and void. Such failure may include failure to provide or verify contact information and/or failure to declare acceptance of these Terms. If you wish to transfer your domain name registration to another domain name registrar, the fee will be based on the type of domain: by purchasing, registering or registering for other services provided by us, you agree to be bound by these Terms, whether or not such agreement is expressly requested or registered, apart from such a purchase. Registration or Registration Transaction, the record of which constitutes your acceptance of the applicable terms of this Agreement. Any notice we need to send you under this Agreement will be deemed to have been given when delivered in accordance with the WHOIS and/or domain name account information you provide.
This Agreement and all applicable ICANN policies and the policies of all relevant registries, including but not limited to the UDRP, as well as any changes, constitute the entire and exclusive agreement between you and us and supersede and govern any prior proposals, agreements or other communications. Nothing in this Agreement shall be construed as creating an agency, partnership or other form of joint venture between the Parties. Our failure to compel you to comply with any provision of this Agreement will not affect the unlimited right to require such performance at a later date; nor shall our waiver of any breach of any provision of this Agreement be deemed or deemed a waiver of the provision itself. .