Domain Name Registration Agreement V1.2c

1. AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your" refer to each customer, "we", us" and "our" refer to GENTelecom Limited, represented as GENDomain.net on the Internet, and "Services" refers to the domain name registration and maintenance provided by us. This Agreement explains our obligations to you, and explains your obligations to us for various Services. The reservation and/or registration of a domain name under this agreement grants you a license to utilise the domain name requested for the duration of this agreement and the term. In relation to this agreement only, the registrant is the entity who is introduced to this agreement by the applicant.
2. SELECTION OF A DOMAIN NAME. You represent that, to the best of the your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party and that the Domain Name is not being registered for any unlawful purpose.
3. FEES. As consideration for the services you have selected, you agree to pay to us the applicable service fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You, by submitting this Agreement represent that the statements in your application are true. Failure to settle any applicable service fees for registration or any other Services supplied by us within the time period stated on our invoice will constitute a material breach of this agreement. It is a requirement that future renewals of your domain name MUST be received 7, 14 or 30 days prior to the anniversary of this agreement for the use of domain name (The appropriate date will be shown on your invoice) Your domain name CANNOT and WILL NOT be maintained if you withhold payment until after the renewal date stated on your invoice.
4. TERM. You agree that the Registration Agreement will remain in full force during the length of the term of your Domain Name Registration, or in the case that your registration is subsidised by us as part of your GEN Services, for the term of those services. Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, then the term of this Registration Agreement will be extended accordingly. This Agreement will remain in full force during the length of the term of your Domain Name Registration as selected, recorded, and paid for upon registration of the Domain Name. Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, then the term of this Registration Agreement will be extended accordingly. Should you transfer your domain name or should the domain name otherwise be transferred due to another Registrar, the terms and conditions of this contract shall cease except where monies remain owing.
5. PROCESS. You agree that we shall register your selected domain name(s) with the registry/registrar of our choice. We may enter into an agreement with our chosen registry/registrar as GENTelecom Limited and their records will show this name. We further reserve the right to move domain(s) between registry/registrar's at our sole discretion for economic or contractual reasons. We will be bound by many agreements with the registrars concerned but you will only be bound by the terms of this agreement.
6. MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notices section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you shall abide by any such revisions or changes. You further agree to abide by the appropriate Uniform Dispute Resolution Policy ("Dispute Policy") as amended from time to time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.
7. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use your User ID Identifier and Password that you selected when you opened your account with us, or by fax to +44 8700 128 127. Please safeguard your User ID and Password from any unauthorised use. In no event will we be liable for the unauthorised use or misuse of your User ID or Password.
8. DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the appropriate 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 contained in the appropriate dispute policy. We may at your request undertake to participate in dispute resolution and you agree that you will be liable for all costs incurred.
9. AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to the party providing you reasonable evidence of actionable harm. You also represent that you have provided notice of the terms and conditions in this Agreement to the third party and that the third party agrees to the terms of Disclosure and Use of Registration Information (sections "INFORMATION" and "DISCLOSURE AND USE OF REGISTRATION INFORMATION" of this Agreement).
10. ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
11. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorised use or misuse of your User ID or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, 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 we have been advised of the possibility of such damages. In no event shall our maximum liability exceed one hundred (£100.00) GBP.
12. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including without limitation GENTelecom Limited, and the directors, officers, employees and agents of each of them, including legal fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Appropriate Dispute Policy for the domain name in question. When we are threatened with legal action 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 breach of your Agreement and may result in deactivation of your domain name.
13. TRANSFER OF OWNERSHIP. The person named as Registrant at the time the domain name was registered through our system shall be entitled to utilise the domain name and shall be so indicated on our whois service at http://www.gendomain.net/whois.asp. You agree that prior to transferring registration of your domain name to another person (the Transferee) you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
14. TRANSFER OF REGISTRAR. Providing your account with us is in order and ALL outstanding monies owed to GEN by you whether under this or any other agreement between GEN and you are paid in full, we shall at your written instruction on the current version of our DTA-02 form undertake to transfer your domain to your chosen Registrar and cease this agreement. In the case that your registration and/or rental is subsidised by us as part of your GEN Services or otherwise then you will become liable to pay back these subsidised charges at the time we receive your written instruction to transfer at the currently published registration and renewal rates. The time taken for such a transfer to be completed depends on the destination ISP/Registrar but usually will be within 30 working days from the date we received and processed your request. GEN Reserves the right at our sole discretion to levy an administration charge of £50 for each transfer requested.
15. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Appropriate Dispute Policy provided by us, may be considered by us to be a material breach and that we 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 us, that you have not breached your obligations under the Agreement, then we may suspend and/or delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you. You agree that GEN may require the appropriate registry/registrar to transfer ownership of the domain name to GEN if any monies due to GEN from you under this or any other agreement between GEN and you are not paid within 28 days of the due date for payment. You further agree to
    sign and execute any documents and/or do any acts required by GEN as may be reasonably necessary to give effect to the provisions of this
    agreement
16. NO GUARANTY. You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name.
17. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk. You agree that such Services are provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Services 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 the Services or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
18. INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:

    i) Your name and postal address (or, if different, that of the domain name holder);

    ii) The domain name being registered

    iii) The Name, email, voice and fax (if available) telephone numbers of the administrative contact for the domain name.

    iv) The Name, email, voice and fax (if available) telephone numbers of the billing contact for the domain name.

    Any other information which we request from you at registration is voluntary. Any voluntary information we request is collected such that we can continue to improve the products and services offered to you.

19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we may make domain name registration information you provide available to the registry administrators appropriate to your chosen domain name, and to other third parties as applicable laws may require or permit. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service at www.gendomain.net) or other purposes as required or permitted by applicable laws. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.

    You may access your domain name registration information in our possession to review such information, by accessing our domain WHOIS service provided online at http://www.gendomain.net/whois.asp or by written request to the address shown in the NOTICES section of this agreement.

    We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorised access or disclosure, alteration or destruction of that information.

20. REVOCATION. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or your failure to respond for over fifteen calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain registration.
21. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register, reserve or renew your chosen domain name or register you for other Services within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other Services.
22. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
23. NON-AGENCY. Nothing contained in this Agreement or any Appropriate Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
24. NON-WAIVER. Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
25. NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender and a publicly verifiable and valid digital signature is embedded. In the case of e-mail notification to us support@gen.net.uk or, in the case of notice to you, at the e-mail address provided by you in your WHOIS record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. GMT, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us shall be sent to:

    GENDomain.net, PO BOX 539, Nottingham, NG3 1BR, United Kingdom

    and in the case of notification to you shall be to the address specified in the your WHOIS record.

26. ENTIRETY. You agree that this Agreement, the rules and policies published by us and the Appropriate Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
27. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE UNITED KINGDOM. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE ENGLAND AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
28. INFANCY. You attest that you are of legal age to enter into this Agreement.
29. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT., GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.