.BIZ Registration Agreement
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN WHOLESALENICS.NET
- ("REGISTRAR") AND YOU, THE OWNER OF A REGISTERED OR COMMON
LAW TRADEMARK OR SERVICE MARK ("OWNER") OR THE DULY AUTHORIZED
AGENT OF AN OWNER ("AGENT") (COLLECTIVELY, "YOU").
THESE TERMS OF USE ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS
OF USE REGARDING USE OF THE REGISTRAR'S INTELLECTUAL PROPERTY CLAIM
SERVICE (THE "SERVICE").
BY SELECTING "I AGREE," BY USING THE SERVICE OR BY
SIGNIFYING ACCEPTANCE IN ANY OTHER WAY, YOU AGREE TO BE BOUND BY THESE
TERMS OF USE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, YOU
ARE NOT AUTHORIZED TO USE THE SERVICE AND YOU MUST DISCONTINUE ANY FURTHER
USE.
1.The Service. Registrar provides the Service to holders of
both registered and common law trademarks or service marks (collectively
"Trademarks"). During the domain name application process,
applicants for a .biz domain name ("Applicants") will be notified
of an Owner's alleged intellectual property rights in a Trademark if
the domain name contained in the domain name application is an exact
match of the Trademark identified in an IP Claim (as defined below)
submitted by Owner. You may review frequently asked questions regarding
the Service by reviewing our FAQs.
2. Registration, Password and Security. You must provide accurate,
complete and current registration information and must update this information
promptly if it changes.
You represent and warrant that You are at least eighteen (18) years
of age or older and are either an Owner or an Agent duly authorized
to represent an Owner(s) in connection with the Service and submitting
an IP Claim on behalf of an Owner(s). Agent will indemnify and hold
harmless Registrar and its officers, directors, employees, agents, affiliates
and subcontractors for any claims brought by Owner or Third Parties
relating to the use of the Service.
3. License to Use Data / Privacy. By submitting an IP Claim,
You hereby grant Registrar, as well as any of its agents or subcontractors,
a limited, royalty-free, non-exclusive worldwide license to use all
of the data contained in the IP Claim solely for the purposes of implementing
the Service, processing Your IP Claim, notifying Applicants of Your
IP Claim, and for notifying You of changes to the Service, for archival
purposes.
The IP Claim Process. In order to submit a claim with respect to a Trademark
or Trademarks ("IP Claim") through the Service, You must complete
an IP Claim form for each Trademark. For each IP Claim, You must submit
complete contact information, representative contact information and
notification details, and the details regarding the Trademark. You may
specify in the representative field that an Agent may receive legal
correspondence regarding the IP Claim. Once You have submitted an IP
Claim, you will receive a confirmation email and a claim number. You
must retain the claim number for each IP Claim You submit.
Registrar will accept IP Claims until July 9, 2001, or such later date
as it may determine in its sole discretion ("Close of Phase I")
and no IP Claims will be accepted after that date.
From the Close of Phase I until September 25, 2001 ("Phase 2"),
or such other later date as Registrar may choose, in its sole discretion,
the domain name applications from ICANN-approved registrars ("Applications")
will be compared with the database of IP Claims processed through the
Service ("IP Claim Database"). For each exact match between
an IP Claim in the IP Claim Database and a domain name application,
the Registry Operator for .Biz ("Registry Operator") will
notify the Applicant that a third party or third parties have submitted
an IP Claim for the exact Trademark. The email notification to the Applicant
will include, among other things, the information provided by Owner
in the IP Claim, instructions on how to proceed with the
registration process, and that if selected during the randomized name
selection phase ("Name Selection Phase"), the domain name
will be placed on a temporary thirty (30) day hold when the Registry
goes "live." The Applicant will have the option to proceed
with the Application or cancel the Application. If the Applicant does
not respond to the email notification, or elects to cancel the Application,
the Applicant's domain name application will not be processed during
the Name Selection Phase. If the Applicant chooses to proceed with the
registration process and the name is selected during the Name Selection
Phase, that domain name automatically will be placed on a thirty (30)
day "hold period" when the name is registered.
After Name Selection, the Owner will be notified by Registry Operator
if an Applicant has successfully registered the domain name. The Owner
will then have the option of contacting the Applicant and finding a
solution or using the guidelines set forth by a special dispute resolution
process called the Start-up Trademark Opposition Policy ("STOP")(formerly
referred to as the Start-up Dispute Resolution Policy or "SUDRP")
("information available at [LINK], or the Uniform Domain-Name Dispute
Resolution Procedures ("UDRP") (information is available at
http://www.icann.org/udrp/udrp-policy-24oct99.htm).
You will not be notified if there are no Applications that exactly
match an IP Claim You submitted in the IP Claim Database.
USE OF THE SERVICE DOES NOT GUARANTEE THAT AN OWNER WILL BE
AWARDED THE .BIZ EXTENSION FOR ITS TRADEMARK. AN OWNER THAT WISHES TO
OBTAIN A .BIZ EXTENSION FOR ITS TRADEMARK MUST FILE A DOMAIN NAME APPLICATION.
DOMAIN NAME APPLICANTS WILL ONLY BE NOTIFIED OF APPLICATIONS
THAT ARE EXACT MATCHES WITH A TRADEMARK IDENTIFIED IN AN IP CLAIM FORM.
REGISTRAR WILL NOT VERIFY WHETHER A TRADEMARK CLAIMED ON AN IP CLAIM
FORM CORRESPONDS WITH AN ACTUAL, LEGAL OR VALID TRADEMARK, NOR WILL
REGISTRAR PROVIDE ANY LEGAL OVERSIGHT OR ADJUDICATION FOR ANY DISPUTED
INTELLECTUAL PROPERTY IMPLICATED BY THE SERVICE.
5. Conduct. You may access and use the Service for lawful purposes
only and you are solely responsible for the knowledge and adherence
to any and all laws, statutes, rules and regulations pertaining to Your
use of the Service. You agree that You will not (i) use the Service
to commit a criminal offense or to encourage conduct that would constitute
a criminal offense or give rise to a civil liability, or otherwise violate
any local state, Federal or international law or regulation; (ii) upload
or otherwise transmit any content that You do not have a right to transmit
under any law or contractual or fiduciary duty; (iii) interfere or infringe
with any trademark or proprietary rights of any other party; (iv) interfere
with the ability of other users to access or use the Service; (v) claim
a relationship with or to speak for any individual, business, association,
institution or other organization for which You are not authorized to
claim such a relationship; (vi) interfere with or disrupt the Service
or servers or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the Service;
or (vii) reproduce, duplicate, copy, use, distribute, sell, resell or
otherwise exploit for any commercial purposes any portion of the Service.
6. Fees. As consideration for the Service, You agree to pay Registrar,
or its agents or subcontractors, as the case may be, an IP Claim fee
for each IP Claim submitted through the Service by credit card through
its online payment system. Such fee shall be due immediately and is
non-refundable. Registrar, or its agents or subcontractors, may take
all remedies to collect fees owed. Registrar, or its agents or subcontractors
may require you to submit and pay for each IP Claim individually or
it may allow you store up a certain number of IP Claims before submitting
them for processing. Once you have stored that number of IP Claims,
you may not be able to store any additional IP Claims and may need to
submit them for processing and pay the applicable fee before obtaining
additional storage space. No refunds are permitted.
7. Agents. You agree that, if Your agent (e.g., an attorney,
employee, etc.) submits an IP Claim on Your behalf, You are nonetheless
bound as a principal by all Terms of Use herein. Your continued use
of the Services shall ratify any unauthorized actions of Your agent.
By acting on Your behalf, Your agent certifies that he or she is authorized
to use the Service on Your behalf, that he or she is authorized to bind
You to these Terms of Use and that he or she has apprised You of these
Terms of Use of this Agreement. In addition, You are responsible for
any errors made by Your agent. Registrar will not refund fees paid by
You or Your agent on Your behalf for any reason, including, but not
limited to, in the event that Your agent fails to comply with these
Terms of Use, Your agent incorrectly provides information in the IP
Claim process or if Your agent changes or otherwise modifies Your IP
Claim incorrectly.
8. Copyright. You acknowledge that the Service, any underlying
technology used in connection with the Service, and all software, material,
information, communications, text, graphics, links, electronic art,
animations, audio, video, photos, and other data (collectively, the
"Content") available within the Service are provided by Registrar
or third-party providers and are the copyrighted works of Registrar
and/or such third parties. Except as expressly authorized by Registrar
or such third parties in these Terms of Use or as may be posted on the
Service, You may not copy, reproduce, publish, distribute, modify, create
derivative works of, rent, lease, sell, transfer, display, transmit,
compile or collect in a database, or in any manner commercially exploit
any part of the Content or the Service, in whole or in part. You may
not store any significant portion of any Content or the Service owned
by, or licensed to Registrar in any form, whether archival files, computer-readable
files, or any other medium. You also may not "mirror" any
Content or the Service on any other server.
Registrar encourages you to download and print a reasonable number
of copies of an IP Claim for noncommercial, internal use only; provided
that (i) any permitted copies contain, in unmodified form, any copyright
or other proprietary rights notices and an original source attribution
to the Service; and (ii) no modifications are made except as may be
expressly provided by Registrar.
9. Links. Some links on the Service lead to sites posted by independent
site owners. Because Registrar has no control over these sites, it cannot
be responsible for such sites' accessibility via the Internet and does
not endorse products, services, or information provided by such sites.
As such, Registrar shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection
with, use or reliance on any content, goods or services available on
or through any other site. Further, the inclusion of these links does
not imply that the other sites have given permission for inclusion of
these links, or that there is any relationship between Registrar and
the linked sites.
10. Disclaimer of Warranty, Limitation of Liability. YOU AGREE
THAT YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER
REGISTRAR NOR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS,
DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT WITHIN THE SERVICE.
THE SERVICE IS PROVIDED ON AN "AS IS, "AS AVAILABLE"
BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
IN NO EVENT WILL REGISTRAR NOR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS,
MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL
OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), ARISING OUT YOUR USE OF OR INABILITY TO ACCESS OR USE THE
SERVICE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED
PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE
OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM
MISTAKES, INACCURATELY ENTERED DATA, UNAUTHORIZED USE, OMISSIONS, INTERRUPTIONS,
ERRORS, DEFECTS, DELAYS IN OPERATION, OR ANY FAILURE OF PERFORMANCE,
WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT,
DESTRUCTION OR UNAUTHORIZED ACCESS TO INSTITUTIONS RECORDS, PROGRAMS
OR SERVICES. YOU AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY REPRESENT
A REASONABLE ALLOCATION OF RISK.
IN NO EVENT, SHALL REGISTRAR BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING
THE AMOUNT OF FEES PAID BY YOU FOR THE APPLICABLE IP CLAIM.
11. Indemnification. You agree to indemnify and hold harmless
Registrar and its parents, subsidiaries, shareholders, members, officers,
directors, employees, affiliates, agents and subcontractors from any
claim or demand, including reasonable attorney's fees made by any third
party due to or arising out of Your use of the Service, your breach
of these Terms of Use, any Content submitted to the Service, or any
disputes involving the intellectual property rights of the Trademarks.
12. Modifications to the Service. Registrar reserves the right
at any time and from time to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without notice.
You agree that will not be liable to You or to any third party for any
modification, suspension, or discontinuation of the Services.
13. Termination. You may discontinue Your participation in and
access to the Service at any time. These Terms of Use will continue
to apply to all past use of the Service by You, even if You are no longer
using the Service. You acknowledge and agree that Registrar may terminate
or block Your use of all or part of the Service without prior notice
for any reason, including, without limitation, if Registrar believes
You have engaged in conduct prohibited by these Terms of Use. You agree
that upon termination or discontinuance for any reason, may delete all
information related to You on the Service and may bar Your access to
and use of the Service.
14. Governing Law. These Terms of Use shall be governed by and
construed in accordance with the laws of the Ontario, without regard
to its principles of conflicts of law.
15. Changes to the Terms of Use. Registrar reserves the right
to modify the Terms of Use at any time and from time to time. Any modifications
shall be effective upon the posting of the modified Terms of Use at
http://ipclaims.neulevel.com/legal/conditions.php.
You agree to review these Terms of Use periodically so that You are
aware of any modifications. Your continued use of the Service shall
be deemed Your acceptance of the modified Terms of Use.
16. Severability. In the event that any provision of these Terms
of Use shall be unenforceable or invalid under any applicable law or
be so held by applicable court decision, such unenforceability or invalidity
shall not render this Agreement unenforceable or invalid as a whole,
and, in such event, such provision shall be changed and interpreted
so as to best accomplish the objectives of such provision within the
limits of applicable law or applicable court decision.
17. Third Party Beneficiary. Registry Operator ("NeuLevel")
is an intended third party beneficiary of these Term and Conditions
with rights to enforce these Terms of Use. You will cooperate in good
faith with NeuLevel or Registrar in investigating instances of non-compliance
with these Terms of Use, if NeuLevel or Registrar believes in good faith
that you are not in compliance with these Terms of Use.
18. Subcontractors. In the course of providing the IP Claim Service,
Registrar may retain independent contractors or assign or subcontract
to or otherwise have any third party perform any or all of the IP Claim
Service at any time, provided that Registrar shall continue to remain
responsible for full performance of any such duties to the same extent
as if it had performed the IP Claim Service itself.
19. Entire Agreement. These Terms of Use completely and exclusively
state the agreement of the parties regarding the subject matter, and
supersede all prior agreements and understandings, whether written or
oral, with respect to the subject matter of these Terms of Use.
20. Modifications to your Account. In order to change any of
your account information with Registrar, you must use the Account Identifier
and Password selected when you opened your account with Registrar. You
agree to safeguard your Account Identifier and Password from any unauthorized
use. In no event shall Registrar be liable for the unauthorized use
or misuse of your Account Identifier or Password.
21. Breach. You agree that failure to abide by an provision of
this Agreement, any operating rule or policy or the Dispute Policy provided
by Registrar, may be considered by Registrar to be a material breach
and that Registrar may provide a written notice, describing the breach,
to you. If within thirty (30) calendar days of the date of such notice,
you fail to provide evidence, which is reasonably satisfactory to Registrar,
that you have not breached your obligations under the Agreement, then
Registrar may delete the registration or reservation of your domain
name. Any such breach by you shall not be deemed to be excused simply
because Registrar did not act earlier in response to that, or any other
breach by you.
22. No Guarantee. You acknowledge that reservation of your IP
Claim name does not confer immunity from objection to either the registration,
reservation, or use of the domain name.
23. Right of Refusal. Registrar, in its sole discretion, reserves
the right to refuse to register or reserve your IP Claim name or register
you for other services. You agree that Registrar shall not be liable
to you for loss or damages that may result from its refusal to register,
reserve or delete your IP Claim.
Registrar reserves the right to delete or transfer your IP Claim within
a thirty (30) day period following receipt of the application if it
believes the IP Claim has been made possible by a mistake, made either
by Registrar or by a third party.
