YesDo.com,Inc, (hereinafter "YesDo.com,Inc")
is affiliated with an accredited registrar by the Internet Corporation
for Assigned Names and Numbers ("ICANN"). This Registration
Agreement, ("Agreement"), sets forth the terms and conditions
agreed to between you (whether directly or through your agent,
or as an agent for another person or entity), and YesDo.com,Inc,
relating to the registration, renewal, transfer, or modification
of one or more .com. .net, .org, .info, or .biz Top Level Domain
Name ("TLD's") in both roman-alphabet languages and
non-roman alphabet languages (e.g. Japanese, Korean, Chinese Traditional
and Chinese Simplified). In this Agreement, "Registrar",
"we", "us", and "our" shall refer
to YesDo.com,Inc and "Registrant", "you",
"your", or "Customer" shall refer to the person
or entity that is using YesDo.com,Inc registration services.
You (whether directly or through your agent, or as an agent
for another person or entity) acknowledge that you have read,
understood and agree to be bound by all the terms and conditions
of this Agreement.
1. FEES
You agree that upon submission of your domain name registration
application, domain name renewal application, or registrar transfer
application, to pay us our then current service fees as set
forth in our price schedule. We reserve the right to prospectively
change our fees or to institute new fees at any time, for any
reason, at our sole discretion and you agree to be bound by
any fee increase. You agree to pay all value added, sales and
other taxes (other than taxes based on YesDo.com,Inc' income)
related to YesDo.com,Inc' services or payments made by you hereunder.
1.1 Fees are Non-Refundable. All fees are due at the time of
registration and are non-refundable, in whole or in part, even
if the domain name registration is suspended, cancelled or transferred
prior to the end of the registration term.
1.2 Renewal Notice and Fees.
You will be notified via email that renewal fees are due at
least thirty (30) days prior to the expiration date of a domain
name registration. You will receive additional notifications
as the expiration date approaches. All emails will be sent to
the email address of the domain name account holder and the
billing contact. You are required to keep the email address
of the domain name account holder and the billing contact current.
We are not responsible for the loss or misdirection of the email
expiration notices, including but not limited to, emails lost
due to an invalid email address in our system, a spam filter
on the mail server, or any other impediment to delivery. Emails
are sent as a courtesy only- the responsibilty of renewing a
domain lies solely with the account holder and/or registrant
of the domain. Any renewal of our services is subject to our
then current terms and conditions, the payment of all applicable
service fees at the time of renewal, and the domain name registry's
acceptance of the renewal of your domain name registration.
5 days prior to expiration, your domain will be placed on hold
status, in preparation for release. This will result in websites
and email not resolving for those 5 days. After this period,
should you fail to renew or cancel your domain name registration
by the expiration date, your domain name registration shall
AUTOMATICALLY EXPIRE and you shall lose all rights in and to
the expired domain name. Expired domain names are routinely
deleted on a regular basis. There is no grace period and under
no circumstances will YesDo.com,Inc be able to renew the domain
after the automatic expiration.
1.3 Credit Card Charge Backs. In the event of a charge back
by a credit card company or other non-payment by you in connection
with your registration, renewal, or registrar transfer fee,
you acknowledge and agree that the domain name registration
shall be transferred to YesDo.com,Inc, that YesDo.com,Inc shall
be deemed the entity that paid the registration, renewal, or
transfer fee, and that YesDo.com,Inc shall have all rights regarding
such domain name including, but not limited to, the right to
sell the domain name to a third party. YesDo.com,Inc may, in
its sole discretion, reinstate your domain name registration
upon its receipt of the registration or renewal fee and reinstatement
fee.
2. REGISTRATION INFORMATION
You acknowledge and agree that in order for us to provide you
domain name registration and related services, you must provide
us with certain information and that we will maintain certain
information about you and your registration.
2.1 Required Information
During the domain name registration process, you must provide
us the following ICANN required information:
(a) The domain name being registered;
(b) The IP addresses and the names of the primary nameserver
and the secondary nameserver for the domain name;
(c) Your full name (or the name of the authorized person for
contact purposes if the domain holder is an organization, association,
or corporation), postal address, email address, voice telephone
number, and fax number (if available) of the administrative
contact for the domain name;
(d) The full name, postal address, email address, voice telephone
number, and where available, fax number for the administrative
contact, technical contact and billing contact for the domain
name.
You acknowledge and agree to immediately correct and update
the registration information for any domain name registered
hereunder during the registration term for such registered domain
name.
You also acknowledge and agree that when you renew a domain
name registration, the type of information you are required
to provide may have changed. If you do not wish to provide the
new required information, we, in our discretion, may not renew
your registration.
2.2 Additional Registration Information
In addition to the information you are required to provide in
clause 2.1 of this Agreement, we maintain additional information
relating to your domain name registration, including:
(a) the original creation date of a domain name registration,
renewal or request for service;
(b) the submission date and time of a registration or renewal
application to us and by us to the appropriate registry;
(c) communications constituting registration orders, renewals,
modifications, or terminations and related correspondence;
(d) records of account, including dates and amounts of all payments;
(e) the expiration date of the registration; and
(f) other information regarding all other activity between you
and us regarding your domain name registration and related services.
2.3 Disclosure of Third Party Information
If in applying for the registration of a domain name you are
providing information about a third party, or if you license
a domain name registered in your name to a third party, you
hereby represent and warrant that you have (a) provided notice
to that third party of the disclosure and use of that party's
information as set forth in this Agreement, and (b) that you
have obtained that third party's express consent to the disclosure
and use of that party's information as set forth in this Agreement.
2.4 Obligation To Provide Accurate Information
You acknowledge and agree that any of the following actions
or in-actions shall constitute a material breach of this Agreement
and shall be a sufficient basis for cancellation of your domain
name registration:
(a) your willful provision of inaccurate or unreliable information;
(b) your willful failure to promptly update information you
provided to us, or
(c) your failure to respond for over ten (10) calendar days
to our inquires concerning the accuracy of contact details associated
with your domain name registration.
2.5 Security
Our system utilizes 128 bit encryption technology to send and
receive information pertaining to the registration, renewal,
and transfer of a domain name.
2.6 Disclosure and Use of Information
YesDo.com,Inc will take reasonable precautions to protect personal
information obtained from Registrant from loss, misuse, unauthorized
access or disclosure, alteration or destruction.
ICANN requires all accredited domain name registrars to make
domain name registration information available in bulk form
to third parties who agree not to use it to (i) allow, enable
or otherwise support the transmission of mass unsolicited, commercial
advertising or solicitations via e-mail (spam) or (ii) enable
high volume, automated, electronic processes that apply to our
systems to register domain names.
You acknowledge, consent and agree that the information you
provided YesDo.com,Inc in the domain name registration application
will be: (i) transmitted to the registry or registry administrator
for registry use; (ii) made publicly available as required by
ICANN; and (iii) used by YesDo.com,Inc for inclusion in databases
produced and used by YesDo.com,Inc.
We agree that we will not process any Personal Data collected
from you, if any, in a way that is incompatible with the purposes
and other limitations set forth in this Agreement.
Except for the ICANN required third-party bulk access, YesDo.com,Inc
does not sell or intend to sell access to the information it
collects and maintains during the domain name registration process.
3. DOMAIN NAME DISPUTE POLICY
You agree to be bound by our Domain Name Dispute Policy (the
"Dispute Policy"), as amended from time to time, which
is hereby incorporated and made a part of this Agreement by
reference.
3.1 Domain Name Dispute Policy Modifications. You agree that
we, in our sole discretion, may modify our dispute policy. We
will post any modifications to our dispute policy on our Web
site at least thirty (30) calendar days before it becomes effective.
You agree to periodically review our Web site to be aware of
any such modifications. No employee, contractor, agent or representative
of YesDo.com,Inc is authorized to alter or amend the terms and
conditions of this Agreement.
Your continued use of YesDo.com,Inc as your domain name registrar
or the use of any of YesDo.com,Inc's other domain name services
after the modifications to the Dispute Policy becomes effective,
shall constitute your acceptance of those modifications. If
you do not agree to such modifications, you may terminate this
Agreement by written request and your domain name will be cancelled
or you may transfer your domain name to another registrar. No
refunds, in whole or in part, will be provided for domain names
that are cancelled or transferred to another registrar.
3.2 Domain Name Disputes. You agree that, if your use of our
domain name registration services is challenged by a third party,
you will be subject to the provisions specified in our dispute
policy in effect at the time of the dispute. You agree that
in the event a domain name dispute arises with any third party,
you will indemnify and hold us harmless pursuant to the terms
and conditions set forth below in this Agreement.
If we are notified that a complaint has been filed with a judicial
or administrative body regarding your use of our domain name
registration services, you agree not to make any changes to
your domain name record without our prior approval. We may not
allow you to make changes to such domain name record until (i)
we are directed to do so by the judicial or administrative body,
or (ii) we receive notification by you and the other party contesting
your registration and use of our domain name registration services
that the dispute has been settled. Furthermore, you agree that
if you are subject to litigation regarding your registration
and use of our domain name registration services, we may deposit
control of your domain name record into the registry of the
judicial body by supplying a party with a registrar certificate
from us. You agree that we will comply with all court orders,
domestic or international, directed against you and/or the domain
name registration.
4. AGENTS
You agree that, if you are registering, renewing, transferring,
or modifying a domain name for someone else, you represent that
you have the authority to nonetheless bind that person as a
principal to all terms and conditions provided herein, including
the Dispute Policy. You accept liability for harm caused by
wrongful registration, renewal, transfer or modification of
a domain name.
You agree that, if your agent (e.g., an Internet Service Provider,
employee, etc.) purchased our service(s) on your behalf, you
are nonetheless bound as a principal by all terms and conditions
herein, including the Dispute Policy. Your continued use of
our services shall ratify any unauthorized actions of your agent.
By using your login name, account number or password, or otherwise
purporting to act on your behalf, your agent certifies that
he or she is authorized to apply for our services on your behalf,
that he or she is authorized to bind you to the terms and conditions
of this Agreement and that he or she has apprised you of the
terms and conditions of this Agreement, and that he or she is
otherwise authorized to act on your behalf. In addition, you
are responsible for any errors made by your agent.
5. LICENSE OF DOMAIN NAMES
You agree that if you license the use of our domain name registration
services to a third party, you remain responsible for complying
with all terms and conditions of this Agreement, and you accept
liability for harm caused by such licensee's wrongful use of
our domain name registration services, unless you promptly disclose
the identity of such license upon request by any person who
provides reasonable evidence of actionable harm.
6. REGISTRAR TRANSFER
Registrant agrees that it can transfer one or more domain name
registration, in accordance with ICANN or registry policy, from
or to YesDo.com,Inc. Registrant also acknowledges and agrees
that express authorization from someone with apparent authority
to legally bind the domain name holder is required before such
a transfer can occur. You can authorize the transfer of a registration
to YesDo.com,Inc by completing the Registrar Transfer Application.
You agree that you shall not transfer your domain name registration
until sixty (60) days have elapsed from the time of initial
domain name registration or renewal. You agree that the transfer
of domain name registrations may be refused if there is a dispute
concerning the domain name or the domain name holder's identity.
You further agree that you shall not transfer your domain name
registration to another registrar if there are less than ten
(10) days remaining in your registration term.
7. OWNERSHIP CHANGE
You may transfer your domain name registration to a third party
of your choice. You agree that in the event you request the
transfer of your domain name ownership, you shall relinquish
the domain name registration being transferred, release YesDo.com,Inc
from all of its obligations under this Agreement, and release
YesDo.com,Inc from any and all liabilities, demands, and claims
related to such a transfer of domain name ownership. (Click
here to request an ownership change).
8. MANAGE YOUR DOMAIN NAME REGISTRATION INFORMATION
If you have registered a domain name with YesDo.com,Inc or transferred
a domain name to YesDo.com,Inc, you may change any of the domain
name registration information at any time (Click here to change
domain name registration information). You must use the Username
and the Password that you selected when you registered or transferred
your domain name with us. Please safeguard your Username and
Password from any unauthorized use. You must immediately notify
us of any unauthorized use of your Username or Password and
you are responsible for any unauthorized activities, charges
and/or liabilities made on or through your Username or Password.
In no event will YesDo.com,Inc be liable for the unauthorized
use or misuse of your Username or Password.
All domain names registered through YesDo.com,Inc are pointed
to a ?a href=http://63.85.86.81/?ID=be1de4e1b98e925f5ac4eca9a26b874f>Coming
Soon?web page which informs visitors that the registrant has
recently registered their domain name via YesDo.com,Inc, Inc.
The Coming Soon web page may be modified at any time by YesDo.com,Inc,
Inc. without prior notice to you and may include such things,
without limitation, as links to additional products and services
offered by YesDo.com,Inc, Inc., advertisements for products
and services offered by third-parties, and an internet search
engine interface.
9. NO GUARANTY OF REGISTRATION, RENEWAL, OR IMMUNITY FROM OBJECTION
You acknowledge and agree that YesDo.com,Inc cannot guarantee
that you will be able to register or renew a desired domain
name because our ability to provide services to you depends
in part upon the provision of services by third parties, such
as a registry. We cannot control and will not be responsible
for the actions or inactions of such third parties. For example,
a registry may reserve the right to deny, cancel or transfer
any domain name registration under certain circumstances or
there may be inaccuracies or errors in the various WHOIS databases.
You acknowledge and agree that we shall not be liable to you
or any other party in connection with claims, damages, losses,
expenses or costs incurred or suffered by you as a result of
actions taken or not taken by third parties.
You agree that, by registration of your chosen domain name,
such registration does not confer immunity from objection to
either the registration or use of your domain name.
10. OWNERSHIP OF INFORMATION
You acknowledge and agree that YesDo.com,Inc owns all database,
compilation, collective and similar rights, title and interests
worldwide in our domain name and other proprietary information
databases, and all information and derivative works generated
from those databases.
11. REPRESENTATIONS and WARRANTIES
You represent and warranty to us that (i) the statements that
you made in connection with the registration, renewal, management,
or transfer of a domain name are complete and accurate, and
that any future changes to this information will be provided
to us in a timely manner; (ii) to the best of your knowledge
and belief, neither the registration of the domain name for
which you have applied for, renewed, managed, or transferred
nor the manner in which you intend to use the domain name you
applied for, renewed, managed, or transferred, directly or indirectly
infringes upon or otherwise violate the legal or equitable rights
of any third party; (iii) it is your responsibility to determine
whether your domain name registration infringes or violates
someone else's rights; (iv) you are not registering, renewing,
managing, or transferring the domain name for an unlawful purpose
and you will not knowingly use the domain name in violation
of any applicable laws or regulations; (v) you are of legal
age to enter into this Agreement; (vi) you agree to comply with
all applicable laws and regulations and (vii) you agree that
your use of our service(s) is solely at your own risk and that
all of our services are provided on an "as is," and
"as available" basis;
12. LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy,
with respect to any YesDo.com,Inc services provided under this
Agreement and/or for any breach of this Agreement is solely
limited to the amount you paid for such service(s). YOU FURTHER
AGREE THAT, REGARDLESS OF CIRCUMSTANCES, YesDo.com,Inc SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING
LOST PROFITS) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YesDo.com,Inc
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING
FROM THE USE OR INABILITY TO USE ANY OF YesDo.com,Inc'S SERVICES
OR FOR THE COST OF PROCURING SUBSTITUTE SERVICES. If a jurisdiction
does not allow the exclusion or limitation of liability for
consequential or incidental damages, then YesDo.com,Inc's liability
for consequential or incidental damages in such jurisdiction
is excluded or limited to the extent permitted by law.
We disclaim any and all loss or liability to you, or any other
person or entity, resulting from, but not limited to: (a) Suspension,
loss, or modification of your domain name registration; (b)
Use of your domain name registration; (c) Interruption of your
business; (d) Access delays or access interruptions to any web
sites accessed by your registered domain name; (e) Non-delivery,
mis-delivery, corruption, destruction or other modification
of data; (f) Processing your domain name application or other
service application; (g) Application of our Dispute Policy or
any other ICANN (or similar governmental or successor organization)
adopted policies; (h) Any errors, omissions or other actions
by the registry administrator arising out of or related to your
domain name application, registration, renewal, transfer, or
failure to register, renew, or transfer a domain name; (i) Unauthorized
use or misuse of your Account Name or Password; (j) Our processing
of your application for our services, our processing of any
authorized modification to your domain name record or your agents
failure to pay any fees, including the initial registration,
renewal, or transfer fee; (k) Deletion of or failure to store
e-mail messages; or (l) Acts of God and events beyond YesDo.com,Inc's
reasonable control;
13. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF OUR SERVICE(S) IS SOLELY AT YOUR
OWN RISK. THE SERVICES WE PROVIDE TO YOU ARE ON AN "AS
IS," AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM
ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH
THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS,
OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICE(S). FURTHER,
YesDo.com,Inc MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER
THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR
DOMAIN NAME REGISTRATION OR USE, OR FROM SUSPENSION, CANCELLATION
OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. TO THE EXTENT
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14. INDEMNIFICATION
You agree to release, indemnify, defend and hold harmless YesDo.com,Inc
and the applicable registry administrator and their directors,
officers, employees, agents, and affiliates from and against
any and all claims, loss, damages, liabilities, costs, and expenses
(including reasonable legal fees and expenses) arising out of
any and all third party claims, actions, suits, or demands that
are related to or arise out of (a) this Agreement or the breach
of your warranties, representations and obligations under this
Agreement; (b) the YesDo.com,Inc services or your use of such
services; (c) any intellectual property or other proprietary
right of any person or entity. This indemnification is in addition
to any indemnification required under the Dispute Policy or
any similar policy. When we are threatened with suit or sued
by a third party, we may seek written assurances from you concerning
your promise to indemnify us; your failure to provide those
assurances may be considered by us to be a material breach of
this Agreement.
15. CHANGES TO THIS AGREEMENT
You acknowledge and agree that the domain name system and the
practice of registering and administering domain names are evolving,
and therefore you agree that YesDo.com,Inc, in its sole discretion,
may modify this Agreement, from time to time, to comply with
any additional rules or policies that may be required under
YesDo.com,Inc's ICANN agreement, or to adjust to changing business
circumstances.
We will post any modifications to this Agreement on our Web
site at least thirty (30) calendar days before it becomes effective.
You agree to periodically review our Web site to be aware of
any such modifications. No employee, contractor, agent or representative
of YesDo.com,Inc is authorized to alter or amend the terms and
conditions of this Agreement. Your continued use of YesDo.com,Inc
as your domain name registrar or the use of any of YesDo.com,Inc's
other domain name services after modification(s) to this Agreement
becomes effective, shall constitute your acceptance of the modification(s).
If you do not agree to such a modification, you may request
in writing that your domain name be cancelled or transferred
to another registrar. No refunds, in whole or in part, will
be provided for domain names that are cancelled or transferred
to another registrar.
No provision of this Agreement or our Dispute Policy, may be
amended or modified by you except by means of a written document
signed by us.
16. CANCELLATION, SUSPENSION, TRANSFER OR MODIFICATION
You agree that we may cancel, suspend, transfer or modify your
domain name registration services in order to: (i) correct mistakes
made by us or the registry in registering or transferring your
chosen domain name; (ii) to resolve a dispute under our Dispute
Policy; (iii) to abide by any ICANN or registry adopted policy;
or (iv) prevent high volume, automated, electronic, repetitive
queries except as reasonably necessary to register SLD names
or modify existing registrations. If your registration is cancelled
as a result of YesDo.com,Inc correcting a mistake made by us
in registering your chosen domain name, we will refund, in whole,
any fees paid by you to YesDo.com,Inc.
You also agree that YesDo.com,Inc has the right to suspend,
cancel, transfer, or otherwise modify a domain name registration
pursuant to a properly authenticated order from a court of competent
jurisdiction, or arbitration award, requiring the suspension,
cancellation, transfer, or modification of the domain name registration.
You agree that upon termination or discontinuance for any reason,
we may delete all information related to you on the YesDo.com,Inc
service, if applicable
17. BREACH AND REVOCATION
You agree that we reserve the right to cancel, suspend, transfer
or modify your domain name registration or other services if
you (i) materially breach this Registration Agreement and do
not cure such breach within 30 calendar days of notice; (ii)
provide false or misleading information, or conceal or omit
any information that we would likely consider material to our
decision to register or renew your domain name; (iii) use your
registered domain name to send unsolicited commercial advertisements
in contravention of applicable laws; or (iv) you use your domain
name in connection with unlawful activity.
18. ASSIGNMENT
You shall not assign this Agreement, by operation of law or
otherwise, without our prior written consent. Any attempt by
your creditors to obtain an interest in your rights under this
Agreement, whether by attachment, levy, garnishment or otherwise,
renders this Agreement voidable at our option. Subject to that
restriction, this Agreement will be binding on, inure to the
benefit of, and be enforceable against the parties and their
respective successors and assigns.
19. .INFO REGISTRATIONS.
YesDo.com,Inc has entered into a Registry-Registrar Agreement
with Afilias Limited ("Registry"), a company organized
under the laws of Ireland, to provide Internet domain name registration
services for the .info Top-Level Domain ("TLD"). In
addition to the terms and conditions set forth in this Agreement,
the following terms and conditions shall apply to the .info
domain names: (i) you agree to submit to proceedings commenced
under the Sunrise Dispute Resolution Policy ("SDRP")
(available at http://www.afilias.info/register/dispute_resolution/sunrise_challenge_rules_revised),
as these may be modified from time to time; (ii) you acknowledge
that the .info registry will have no liability of any kind for
any loss or liability resulting from the proceedings and processes
relating to the Sunrise Period or the Land Rush Period, including,
without limitation: (a) the ability or inability of a registrant
to obtain a registered domain name during these periods, and
(b) the results of any dispute over a "Sunrise Registration";
(iii) your application for a Sunrise Registration does not provide
you with any intellectual property protections or registrations.
20. .BIZ REGISTRATIONS
YesDo.com,Inc has entered into a Registry-Registrar Agreement
with Neulevel, Inc. ("Registry"), a company headquartered
in Virginia, to provide Internet domain name registration services
for the .biz Top-Level Domain ("TLD"). In addition
to the terms and conditions set forth in this Agreement, the
following terms and conditions shall apply to the .biz domain
names:
20.1 Acceptable Usage. You represent and warrant that: (i)
the domain name will be used primarily for bona fide business
or commercial purposes and not (a) exclusively for personal
use or (b) solely for the purposes of selling, trading or leasing
the domain name for compensation, or the unsolicited offering
to sell, trade or lease the domain name for compensation; and
(ii) the domain name is reasonably related to your business
or intended commercial purpose at the time of registration.
20.2 Acknowledgments Concerning Customer Information. You also
acknowledge and agree that YesDo.com,Inc will share with the
.biz registry certain information submitted by you in your application(s)
for our services, as required by our agreement(s) with the .biz
registry or to provide the services you have applied for. You
acknowledge and agree that any information we share with the
.biz registry may be used by them to fulfill the .biz registry's
service obligations to us or any third party. You hereby grant
us and the .biz registry a limited, royalty-free, non-exclusive
worldwide license to use all of the data contained in a Trademark
20.3 Acknowledgment of Dispute Policies and Rules. The registrant
acknowledges having read and understood and agrees to be bound
by the terms and conditions of the following documents, as they
may be amended from time to time, which are hereby incorporated
and made an integral part of this Agreement:
(a)The Start-up Trademark Opposition Policy ("STOP"),
available at http://www.neulevel.com/countdown/stop.html;
(b) The Restrictions Dispute Resolution Criteria and Rules,
available at http://www.neulevel.com/countdown/rdrp.html
21. MULTILINGUAL REGISTRATIONS
Notwithstanding anything contained herein to the contrary, you
acknowledge and agree as follows: A Multilingual Domain Name
("MDN") and the underlying encoding schemes, protocols
and other technologies that enable MDNs to function on the Internet,
are currently experimental and have not necessarily been approved
by Internet standard-setting bodies, including without limitation
the Internet Engineering Task Force, the Multilingual Internet
Names Consortium, and the Internet Architecture Board. We currently
are making MDN registration services available to you as part
of our participation in a test bed ("Test Bed"). The
test bed is being conducted for the purpose of testing proposed
standards for deployment of MDN technology and to provide operational
experience with those proposed standards.
WE EXPRESSLY DISCLAIM ANY WARRANTY THAT CURRENT OR FUTURE ENCODING
SCHEMES, PROTOCOLS AND OTHER MDN-ENABLING TECHNOLOGIES, WHETHER
PROVIDED BY US OR OTHERWISE, WILL BE APPROVED BY INTERNET STANDARD-SETTING
BODIES OR OTHERWISE SUCCESSFULLY DEPLOYED. WE EXPRESSLY DISCLAIM
ANY WARRANTY THAT THE TEST BED WILL CONTINUE OR THAT OUR MDN
REGISTRATION SYSTEM WILL INTEROPERATE PROPERLY WITH THE CURRENT
OR FUTURE TEST BED OR THE MDN-ENABLING TECHNOLOGIES OF OTHERS.
REGISTRANTS WHO REGISTER A MDN DO SO AT THEIR OWN RISK AND
ACKNOWLEDGE AND AGREE THAT, UNLESS SPECIFICALLY EXCLUDED, ALL
PROVISIONS OF THIS AGREEMENT SHALL APPLY TO THE REGISTRATION
OF AN MDN.
You assume all risks inherent in the experimental nature of
this service and the technologies supporting it. The encoding
schemes, protocols and other MDN-enabling technologies are not
within our control and are subject to change without notice.
You assume all risks that such changes may impair or prevent
your ability to use the MDN you have registered. You further
understand and agree that we may interrupt or deny MDN registration
services to you, temporarily or permanently, as a result of
such changes. You further assume all risks that the Internet
addressing system will not recognize an MDN you have registered
or otherwise will not enable such MDN to function as an Internet
address.
We may, but shall not be obligated to, make any and all modifications
to an MDN registration, including without limitation changing
the MDN's ASCII-based translation, that we deem necessary or
appropriate for the purpose of bringing an MDN registration
into conformance with evolving technical standards. Such modifications
may be made without notice to you. In the event we elect to
make such modifications, you agree to hold us harmless from
any claims, liabilities or demands arising from such modifications.
Before registering an MDN, we strongly recommend that you review
and become familiar with the "Multilingual Domain Name
Position Paper," published. (Click here to view).
You specifically acknowledge and agree that an MDN shall be
considered a domain name for purposes of the Dispute Policy
and the provisions relating thereto in this Agreement. Notwithstanding
anything to the contrary contained in the Dispute Policy, you
agree that during the Test Bed we may terminate your registration
of an MDN in our sole discretion without notice to you if, within
45 days of your registration, we receive a formal, written objection
to the registration by any legitimate authority, including without
limitation a trademark owner or governmental entity. Our right
of termination under this provision shall continue until such
time as: (1) It is publicly announced that the Test Bed is complete;
and (2) we determine in our sole discretion that all of the
encoding schemes, protocols and other MDN-enabling technologies
that are used to provide your MDN registration services have
been approved by appropriate standard-setting bodies.
22. GENERAL
Entire Agreement
You agree that this Agreement and the rules and policies incorporated
by reference in this Agreement are the entire, complete and
exclusive agreement between you and us regarding our services
and supersedes all prior agreements and understandings, whether
written or oral, or whether established by custom, practice,
policy or precedent, with respect to the subject matter of this
Agreement.
Relationship of the Parties
Nothing in this Agreement may be construed as creating the relationship
of agency partnership or joint venture between the parties.
Waiver. No waiver of any provision of this Agreement shall
be effective unless it is in writing and signed by an authorized
representative of YesDo.com,Inc. The remedies of YesDo.com,Inc
under this Agreement shall be cumulative and not alternative,
and the election of one remedy for a breach shall not preclude
pursuit of other remedies. The failure of a party, at any time
or from time to time, to require performance of any obligations
of the other party hereunder shall not affect its right to enforce
any provision of this Agreement at a subsequent time, and the
waiver of any rights arising out of any breach shall not be
construed as a waiver of any rights arising out of any prior
or subsequent breach.
Notice
Except as otherwise specifically stated herein, any notices
required to be given under this Agreement will be deemed to
have been given if delivered by email or fax, or sent by certified
mail, return receipt requested, or by Federal Express or other
recognized overnight delivery service to each of the parties
in accordance with the most current contact information you
have provided to us, and the contact information for us that
is posted on the YesDo.com,Inc Web site. All notices shall be
effective upon receipt, except that email and fax notices shall
be effective upon transmission.
Location of Acceptance and Performance
You agree and acknowledge that any acceptance of your application
for any of our services and the performance of those services
shall occur in Schaumburg, Illinois, the location of our principal
place of business.
Governing Law
Except as otherwise set forth in the Dispute Policy with respect
to any dispute over your domain name registration, you agree
that this Agreement and your rights, obligation, duties, and
actions contemplated by this Agreement shall be governed in
all respects by, and construed in accordance with the laws of
the State of Illinois, United States of America, without reference
to rules governing choice of laws. Any action relating to this
Agreement and your rights, obligation, duties, and actions contemplated
by this Agreement must be brought in the United States District
Court for the Northern District of Illinois or in the circuit
court of Cook County, Illinois. Both parties irrevocably consent
to the personal jurisdiction, subject matter jurisdiction, and
venue of such courts.
Severability
Registrant agrees that the terms of this Registration Agreement
are severable. If any term or provision is declared invalid,
it shall not affect the remaining terms or provisions, which
shall continue to be binding