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Tabligh Inc. REGISTRATION
AGREEMENT
This Registration Agreement ("Agreement") sets forth the
terms and conditions of your use of domain name
registration and related services ("Services"). In this
Agreement "you" and "your" refer to you and the registrant
listed in the WHOIS contact information for the domain
name. "We", "us" and "our" refer to the registrars listed
at the bottom of this document, any one of which will be
the registrar for your domain name and all of which share
common ownership, common terms and conditions, and a
shared Services infrastructure. To determine which
registrar your domain name is registered with, perform a
WHOIS lookup at
http://www.whois.sc. You obtain the Services first
through a Primary Service Provider, Tabligh Inc., with
whom we have a wholesale relationship. Your relationship
with your Primary Service Provider may be governed by
additional terms, as you and your Primary Service Provider
may agree. "We," "us" and "our" does not include your
Primary Service Provider, except when specifically
mentioned or unless your Primary Service Provider is one
of us (i.e. if your Primary Service Provider is also one
of the registrars listed at the bottom of this document).
YOU AGREE TO THIS AGREEMENT: By using the Service(s), you
agree to all terms and conditions of this Agreement, the
UDRP (define below) and the rules, policies, or agreements
published in association with specific of the Service(s)
and/or which may be enforced by by ICANN, the registries,
and governments.
PASSAGE OF TIME: This Agreement will change over time. If,
as a result of such a change, you no longer agree with the
terms of this Agreement, you agree that your exclusive
remedy is to transfer your domain name registration
services to another registrar or request of us that we
cancel your domain name registration services. If you
continue to use the Services following a change in this
Agreement and/or the Services, your continued use of the
Services indicates your consent to the changes. Any such
revision or change will be binding and effective within 30
days of when the revised Agreement or change to the
Service(s) is posted to the website of either the Primary
or Backend Service Providers, or 15 days after you view
thee revised Agreement or 15 days after notification is
sent to the e-mail address provided in association with
your domain name registration. You agree to review this
Agreement periodically to make yourself aware of any such
revisions.
YOUR ACCOUNT: You must create an account to use the
Services. Your account is typically going to be managed
and/or provided by your Primary Service Provider. You are
responsible for maintaining and updating all login IDs,
passwords, and for all access to and use of your account
by you or any third party.
SERVICE(S) PROVIDED AT WILL AND TERMINATION OF SERVICE(S):
We and your Primary Service Provider may reject your
domain name registration application or elect to
discontinue providing Service(s) to you for any reason
within 30 days of a Service initiation or a Service
renewal. Outside of this period, we and your Primary
Service Provider may terminate or suspend the Service(s)
at any time for cause, which, without limitation, includes
registration of prohibited domain name(s), abuse of the
Services, payment irregularities, serious allegations of
illegal conduct, or if your use of the Services involves
us in a violation of any Internet Service Provider's
("ISP's") acceptable use policies, including the
transmission of unsolicited bulk email. You agree that if
we terminate or suspend the Services provided to you under
this Agreement, that we may then, at our option, make
either ourselves or a third party the beneficiary of
Services which are substantially similar to those which
were previously providing to you and that any reference in
this Agreement to termination or suspension of the
Services to you includes this option. If we have grounds
to terminate or suspend Service(s) with respect to one
domain name or in relation to other Service(s) provided
through your account, we may terminate or suspend all
Service(s) provided through your account, including
Service(s) to other domain names. No fee refund will be
made when there is a suspension or termination of
Service(s) for cause. At any time and for any reason, we
may terminate the Services 30 days after we send notice of
termination via mail or email, at our option, to the WHOIS
contact information provided in association with your
domain name registration. Following notice of termination
other than for cause, you must transfer your domain name
or risk that we may delete your domain name or suspend or
modify Services to it. If we terminate Services for a
reason other than cause, we will attempt to refund your
fees. You further acknowledge and agree that your
registration of a domain name is subject to suspension,
cancellation or transfer by any ICANN procedure, by any
registrar or registry administrator procedures approved by
an ICANN-adopted policy, to correct mistakes by us,
another registrar or the registry administrator in
administering the domain name or for the resolution of
disputes concerning the domain name.
OUR SERVICES: We are accredited registrars with the
Internet Corporation for Assigned Names and Numbers ("ICANN")
for Top Level Domain Names ("TLDs") (such as .com, .net,
.org, .de, co.uk, etc.). ICANN oversees registrations and
other aspects of the TLDs. Domain name registrations are
not effective until the registry administrator puts them
into effect. For a list of registry administrators and for
more information on TLDs, see HYPERLINK
http://www.icann.org/tlds/. Domain name registrations
are only for limited terms, terms which end on the
expiration date. For domain names which are created as a
new registration out of the available namespace, the term
begins on the date the domain name registration is
acknowledged by the applicable registry; for domain names
registrations which were not returned to the available
namespace, the term begins on the date the previous
registrant's domain name registration was acknowledged by
the applicable registry. You agree that we and your
Primary Service Provider are not liable or responsible in
any way for any errors, omissions or any other actions by
the registry administrator arising out of or related to a
request to register, renew, modify the settings for, or
transfer of a domain name registration (our limitation of
liability is explained further, below). You further agree
that domain name registration is a service, that domain
name registrations do not exist independently from
services provided pursuant to this or a similar
registration agreement with a registrar, and that domain
name registration services do not create a property
interest.
YOU WARRANT THAT YOUR USE OF OUR SERVICES IS NOT GOING TO
SUBJECT US TO ANY CLAIM(S). You further agree to
indemnify, defend and hold harmless us, your Primary
Service Provider, and applicable registry administrator(s)
(including Verisign Inc., Neulevel, Inc., Public Interest
Registry, Afilias Limited, and other registry operators
listed at
http://www.icann.org/registries/listing.html) and all
such parties' directors, officers, employees, and agents
from and against any and all claims, damages, liabilities,
costs, and expenses (including any direct, indirect,
incidental, special or consequential damages and
reasonable legal fees and expenses) arising out of, or
related to, the domain name registration services you are
obtaining from us.
NOT INCLUDED IN THE SERVICES: Without limitation, the
following are not included in the Services: We cannot and
do not check to see whether the domain name(s) you select,
or the use you make of the domain name(s), or other of the
Service(s), infringes legal rights of others. It is your
responsibility to know whether or not the domain name(s)
you select or use infringes legal rights of others. We
might be ordered by a court to cancel, modify, or transfer
your domain name; it is your responsibility to list
accurate contact information in association with your
account and to communicate with litigants, potential
litigants, and governmental authorities. It is not our
responsibility to forward court orders or other
communications to you. We will comply with court orders
unless you contact us to contest the order.
IF LAWSUIT(S) ARE THREATENED: If we are sued or threatened
with lawsuit in connection with Service(s) provided to
you, we may turn to you to indemnify us and to hold us
harmless from the claims and expenses (including
attorney's fees and court costs). Under such
circumstances, you agree that you will, upon demand,
obtain a performance bond with a reputable bonding company
or, if you are unable to obtain a performance bond, that
you will deposit money with us to pay for our reasonably
anticipated expenses in relation to the matter for the
coming year. Such deposit will be drawn down as expenses
are incurred, with all account notices sent to the WHOIS
contact information provided in association with your
domain names and/or account. We shall not be obliged to
extend you any credit in relation to such expenses and we
may terminate the Services for a failure to make or renew
such a deposit. We will return any unused deposit upon the
later of one year from deposit or the conclusion of the
matter.
DISPUTE RESOLUTION POLICY: You agree to the Uniform Domain
NameDispute Resolution Policy ("UDRP"), information
regarding which is available at
http://www.icann.org/udrp/udrp-rules-24oct99.htm. You
agree that the UDRP may be changed by ICANN (or ICANN's
successor) at any time. 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 Dispute Policy in effect at
the time your domain name registration is disputed by the
third party. You also 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 of the UDRP. You also understand that it is
important for you to regularly monitor email sent to the
email address associated with your account and domain
names because, among other reasons, if a dispute arises
regarding Services provided to you, you may loose your
rights to receive the Services if you do not respond
expeditiously to an email sent in conjunction therewith.
FEES: As consideration for the Service(s), renewal of the
Service(s), and, if you select it, automatic renewal of
the Service(s), you agree to pay, prior to the
effectiveness of the desired Service(s), the applicable
Service(s) fees. All fees are non-refundable, in whole or
in part, even if your domain name registration is
suspended, cancelled or transferred prior to the end of
your then current registration term, unless this Agreement
specifically provides for a refund. At our option, we may
require that you pay fees through a particular payment
means (such as by credit card or by wire transfer) or that
you change from one payment provider to another.
CREDIT CARD AND OTHER CHARGES: If you have an issue with
credit card charges, you should contact your Primary
Service Provider (if any), first, and us, secondarily,
regarding the issue before you contact your credit card
company to request a charge back or reversal of the
charges. In the event of a charge back by a credit card
company (or similar action by another payment provider
allowed by us) in connection with your payment of fees for
any Service(s), you agree that we and/or your Primary
Service Provider may suspend access to any and all
accounts you have with us and/or your Primary Service
Provider and that all rights to and interest in and use of
any domain name registration(s) services, website hosting,
and/or email services, including all data hosted on our
systems and/or on the systems of your Primary Service
Provider shall be assumed by us or your Primary Service
Provider, as the case may be. We will reinstate your
rights to and control over these Services solely at our
discretion, and subject to our receipt of the unpaid fee(s)
and our then-current reinstatement fee, currently set at
US $200. Reinstatement of Service(s) by your Primary
Service Provider may be according to the terms, if any,
between you and your Primary Service Provider relating to
reinstatement. Charges for the Service(s) which use our
credit card payment processor will be identified on your
credit card statement as "Domain Name Registration." We
are not responsible for how charges appear on your credit
card statement when the transaction is processed by your
Primary Service Provider's or another third party's credit
card payment processor.
EXPIRATION AND RENEWAL OF SERVICE(S): You acknowledge that
it is your responsibility to keep your own records and to
maintain your own reminders regarding when your domain
name registration or other Services are set to expire. As
a convenience to you, and not as a binding commitment, we
and/or your Primary Service Provider may notify you via an
email message or via your account when renewal fees are
due. Should these fees go unpaid, your Services will
expire or be cancelled. Payment must be made by credit
card or such other method as we may allow or require from
time to time. If you select automatic renewal of the
Service(s), we may attempt to renew the Service(s) a
reasonable time before expiration, provided your credit
card or other billing information is available and up to
date. You acknowledge that it is your responsibility to
keep your billing information up to date and that we are
not required to, but that we may, contact you to update
this information in the event that an attempted
transaction is not processed successfully.
ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS
INFORMATION: As further consideration for the Service(s),
you agree to provide certain current, complete and
accurate information about you, both with respect to your
account information and with respect to the WHOIS
information for your domain name(s). You agree to maintain
and update this information as needed to keep it current,
complete and accurate. With respect to you, the
administrative, technical, and billing contacts for your
domain name registration(s) and other Service(s), you must
submit the following: name, postal address, e-mail
address, voice telephone number, and where available, fax
number. You agree that the type of information you are
required to provide may change and you understand that, if
you do not provide the newly required information, your
registration or and/or other Service(s) may be suspended
or terminated or may not be renewed. Not providing
requested information may prevent you from obtaining all
Service(s). You may provide information regarding the
name-servers assigned to your domain name(s) and, if we
are providing name-server services to you, the DNS
settings for the domain name. If you do not provide
complete name-server information, or if you purchase "Name
Only" Services, you agree that we may supply this
information (and point your domain name to a website of
our choosing) until such time as you elect to supply the
name-server information or until such time as you elect to
upgrade from "Name Only" Services.
YOUR OBLIGATIONS AND REPRESENTATIONS RELATING TO THE
ACCOUNT AND WHOIS CONTACT INFORMATION: In the event that,
in registering a domain name or obtaining other Service(s),
you provide information about or on behalf of a third
party, you represent 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 the third party's express consent to the
disclosure and use of that party's information as set
forth in this Agreement. By registering a domain name or
applying for other Service(s) you also represent that the
statements in your application are true and you also
represent that the domain name is not being registered or
the Services being procured for any unlawful purpose. You
acknowledge that providing inaccurate information or
failing to update information promptly will constitute a
material breach of this Agreement and will be sufficient
basis for suspension or termination of Services to you.
You further agree that your failure to respond for over
ten (10) calendar days to inquiries by us concerning the
accuracy of account and WHOIS contact information shall
constitute a material breach of this Agreement and will be
sufficient basis for suspension or termination of
Service(s) to you. As indicated elsewhere in this
Agreement, you understand that it is important for you to
regularly monitor email sent to the email address
associated with the in your account and WHOIS contact
information because, among other reasons, if a dispute
arises regarding a domain name(s) or other Service(s), you
may loose your rights to the domain name(s) or your right
to receive the Service(s) if you do not respond
appropriately to an email sent in conjunction therewith.
ACCESSING YOUR ACCOUNT AND AN IMPORTANT LIMITATION OF OUR
LIABILITY: In order to change any of your account or
domain name WHOIS information, you must access your
account with your Primary Service Provider (if any), or
your account with us. Please safeguard your account login
identifier and password from any unauthorized use. You
agree that any person in possession of you account login
identifier and password will have the ability and your
authorization to modify your account and domain name
information. We will take reasonable precautions to
protect the information we obtain from you from loss,
misuse, unauthorized access or disclosure, alteration or
destruction of that informationand that such reasonable
precautions include procedures for releasing account
access information to parties who claim to have lost
account access information. You agree that, if we take
reasonable precautions in relation thereto, that IN NO
EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO
NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT
IDENTIFIER OR PASSWORD AND THAT, EVEN IF WE FAIL TO TAKE
REASONABLE PRECAUTIONS, THAT OUR LIABILITY UNDER ANY
CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF
LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT. If you
contact us alleging that a third party has unauthorized
access to your account or domain names, you agree that we
may charge you administrative fees of $50 per hour for our
time spent in relation to the matter, regardless of
whether or not we return control over the account and/or
domain names to you.
TRANSFERS: You agree that transfer of your domain name(s)
services shall be governed by ICANN's transfer policy,
available at
http://www.icann.org/transfers/, as this policy may be
modified from time to time. You agree that we may place a
"Registrar Lock" on your domain name services and that
this will prevent your domain name services from being
transferred without your authorization, though we are not
required to do so. By allowing your domain name services
to remain locked, you provide express objection to any and
all transfer requests until the lock is removed. To
transfer your domain name(s) you should first login to
your account to lock or unlock your domain name(s) and/or
to obtain the EPP "AuthCode" which is required to transfer
domain services in an EPP registry (such as .org).
Alternatively, you should contact your Primary Service
Provider to have your domain name(s) services locked or
unlocked or to obtain the EPP "AuthCode." If your Primary
Service Provider is unresponsive, you may contact us to
have your domain name(s) locked or unlocked or to obtain
the EPP "AuthCode" though we may first contact your
Primary Service Provider to request that the Primary
Service Provider address the request. Only the registrant
and the administrative contacts listed in the WHOIS
information may approve or deny a transfer request.
Without limitation, domain name services may not be
transferred within 60 days of initial registration, within
60 days of a transfer, if there is a dispute regarding the
identity of the domain name registrant, if you are
bankrupt, or if you fail to pay fees when due. We will
follow the procedures for both gaining and loosing
registrars as outlined in ICANN's transfer policies.
Transfer requests typically take five business days to be
processed. A transfer will not be processed if, during
this time, the domain name registration services expire in
which event you may need to reinstate the transfer
request. You may be required to resubmit a transfer
request if there is a communication failure or other
problem at either our end or at the registry. AS A
CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR
FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED
CLOSE TO THE END OF A REGISTRATION TERM.
PRIVACY POLICY: You agree and consent that we will make
available the domain name registration information you
provide or that we otherwise maintain to the following
parties: ICANN, the registry administrator(s), and to
other third parties as ICANN and applicable laws may
require or permit (including through web-based and other
on-line WHOIS lookup systems), whether during or after the
term of your domain name registration services 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 such information. Additionally, you
acknowledge that ICANN may establish or modify the
guidelines, limits and/or requirements that relate to the
amount and type of information that we may or must make
available to the public or to private entities, and the
manner in which such information is made available.
Information regarding ICANN's guidelines and requirements
regarding WHOIS can be found at
http://www.icann.org/registrars/wmrp.htm,
http://www.icann.org/registrars/wdrp.htm, and
elsewhere on the ICANN website at
http://www.icann.org/index.html.
OWNERSHIP OF INFORMATION AND DATA: You agree and
acknowledge that we own all database, compilation,
collective and similar rights, title and interests
worldwide in our domain name database, and all information
and derivative works generated from the domain name
database. You further agree and acknowledge that we own
the following information for those registrations for
which we are the registrar: (a) the original creation date
of the registration, (b) the expiration date of the
registration, (c) the name, postal address, e-mail
address, voice telephone number, and where available fax
number of all contacts for the domain name registration,
(d) any remarks concerning the registered domain name that
appear or should appear in the WHOIS or similar database,
and (e) any other information we generate or obtain in
connection with the provision of domain name registration
services, other than the domain name being registered, the
IP addresses of the primary nameserver and any secondary
nameservers for the domain name, and the corresponding
names of those nameservers. We do not have any ownership
interest in your specific personal registration
information outside of its rights in our domain name
database.
AGENTS AND LICENSES: You agree that, if you are
registering a domain name for or on behalf of someone
else, you represent that you have the authority to
nonetheless bind that person as a principal to all terms
and conditions provided herein. You agree that if you
license the use of the domain name registered to you to a
third party, you nonetheless remain the domain name holder
of record, and remain responsible for all obligations
under this Agreement, including but not limited to payment
obligations, and providing (and updating, as necessary)
both your own full contact information, and accurate
technical, administrative, billing and zone contact
information adequate to facilitate timely resolution of
any problems that arise in connection with the domain name
and domain name registration.
USE OF FREE SERVICES: In consideration for providing
additional optional Services for which we do not charge an
additional fee, including, but not limited to, URL
forwarding, email forwarding, free parking page, free
website hosting, free email services, or other services
which we may introduce from time to time but for which
there is not a separate fee ("Free Services"), you agree
that, if you use such Free Services, we may display
advertising in conjunction therewith through the use of
pop-up or pop-under browser windows, banner
advertisements, audio or video steams, appendices to
emails, or other similar advertising means, and that we
may aggregate related usage data by means of cookies and
other similar means. You agree that from time to time we
may provide you with free or low-cost domain name(s)
services ("Promotional Name(s)"). If we do so, the
services for the Promotional Name(s) will be placed in the
same account as your other domain name(s) and you will be
listed as the registrant, though we may point the
Promotional Name to IP address(es)of our choosing. If you
want to assume control over the services provided to the
Promotional Name, including the right to transfer or push
the Promotional Name service to other registrars or other
accounts or the ability to control the DNS settings for
the Promotional Name, you must pay the promotional
registration fee or renewal fee, if any, and agree to the
terms of this Agreement with respect to such Promotional
Name(s). If you do not want the Promotional Name services,
you may request that you be removed as the registrant of
such Promotional Names and we will be listed as the domain
name registrant. Alternatively, you may contact us or your
Primary Service Provider to request that we delete the
Promotional Name from the namespace. For any domain name
services, including these Promotional Names, for which you
are listed as registrant but for which you do not pay the
registration or renewal fee, you agree that we may assign
name-servers to the domain name and point the domain name
to IP address(es) designated by us until the registration
or renewal fee is paid.
AFTER EXPIRATION OF THE TERM OF A DOMAIN NAME
REGISTRATION: After expiration of the term of a domain
name registration services and before deletion of the
domain name in the applicable registry's database, you
acknowledge that we may direct the domain name to
name-servers and IP address(es) designated by us,
including, without limitation, to no IP address or to IP
address(es) which host a parking page or a commercial
search engine that may display advertisements, and you
acknowledge that we may either leave your WHOIS
information intact or that we may change the contact
information in the WHOIS output for the expired domain
name so that you are no longer the listed registrant of
the expired domain name.
After expiration of the term of domain name registration
services, you acknowledge that certain registry
administrators may provide procedures or grace periods
during which expired domain name registrations may be
renewed. You acknowledge that you assume all risks and all
consequences if you wait until close to or after the end
of a domain name registration term to attempt to renew the
registration. You acknowledge that we, for any reason and
in our sole discretion, may choose not to participate in a
post-expiration renewal of a domain name and that we shall
not be liable therefore. You acknowledge that
post-expiration renewal or redemption processes, if any,
involve additional fees which we and your Primary Service
Provider may determine. You acknowledge and agree that
expired domain name(s) may be made available to be
registered or re-registered to any party at any time.
You agree that after expiration of the term of a domain
name registration we may, for a period of 30 days, either
i) remove the domain name from the zone of the
top-level-domain (meaning that the domain name will no
longer resolve), or ii) direct the domain name to
name-servers and IP address(es) of website(s) designated
by us, including, without limitation, to IP address(es)
which host a parking page or a commercial search engine.
You agree that either are functionally equivalent to
ICANN's or a registry's redemption grace period, which
would normally occur after deletion. If we exercise our
rights under this provision, and if you do not transfer
the domain name services to another registrar nor contact
us to pay for and renew the domain name prior to the end
of the 30 days, you agree that you have abandoned the
domain name.
After this 30 day period, you agree that we may, possibly
via a sub-contractor, solicit and provide for a third
party to pay to renew the domain name's registration term
and to allow such a third party to assume complete control
over the domain name services as a registrant (a
"Post-Expiration Registrant Change", or "PERC"). If we
enter into a PERC transaction with such a third party (the
"PERC Customer"), we will send an email notification to
the email addresses, if any, which were listed for the
registrant and the administrative contact(s) for the
domain name when it was registered by you (the "PERC
Notification"). You acknowledge that you might not receive
the PERC Notification and that it is not our obligation to
confirm whether or not the PERC Notification was received
by you. The previously listed registrant (typically you)
may receive a portion of the funds received by us for the
PERC as follows: (i) if the domain name was registered
directly through us, the previously listed registrant may
receive twenty percent (20%) of the Net Proceeds received
by us (either directly or from a third party vendor
providing services to us) as a result of the PERC; or (ii)
if the domain name was registered with us through your
Primary Service Provider (such as your website host, for
example), the previously listed registrant may receive
fifteen percent (15%) of the Net Proceeds received by us
as a result of the PERC. You acknowledge and agree that
the PERC may be accomplished through an auction involving
one or more parties who are interested in the domain name.
If it is determined that either the registrant or the
administrative contact for the domain name or anyone
acting on behalf of such a party participated in the
auction, then none of the Net Proceeds will be paid out or
if paid out must be returned to us. "Net Proceeds" means
the total fees paid to us (either directly or by a third
party providing services to us) as a result of the PERC,
less registry fees, ICANN fees, taxes, credit card
charge-backs, processing and check fees, and other costs
or fees associated with the PERC. You agree that we shall
have no obligation to make the foregoing payments unless,
within ninety (90) days after the date of the PERC
Notification, the previously listed registrant provides us
with the name, address and other information requested
(including, but not limited to, a Form W-9, if applicable)
in the PERC Notification. We cannot guarantee, and we make
no representation or promise, that any PERC will occur
with respect to a domain name registered by you. You
understand that, if you do not wish to participate in this
process, that you may renew your domain name services
registration in the available time and that you may
arrange for the sale or other disposition of the domain
name on your own.
Alternatively, if you do not contact us to renew the
domain name registration services during the 30 day period
described above, and if we are unable or unwilling to
arrange a PERC, you agree that we may either (i) delete
the domain name at any time thereafter or (ii) that we may
pay the registry free or otherwise allow it to continue to
be registered with the WHOIS information previously
provided by you and pointing to the name-server(s) and IP
address(es) designated by us, and that we will not remove
it from the TLD zone. In the latter event, the name will
be designated as being in the extended redemption grace
period ("ERGP"), and you will be allowed to assume, during
the first 90 days of the then extant registration term,
complete management of the domain name services, including
the right to control the DNS information, provided that
you pay a fee of $200 (US dollars). After the end of the
90-day period, if you do not exercise your rights under
this provision, you agree that you have abandoned the
domain name services, and relinquish all rights and use of
the domain name services, and that you are no longer the
registrant of the domain name, and that we may list
ourselves or another party as the registrant of the domain
name in the WHOIS information. If we exercise our rights
under this provision and you do not wish to be listed as
the registrant and you wish to forego your option under
this provision to pay to renew the domain name
registration services for the then-current registration
term, you may notify us before the end of the 90-day
period and request that we remove your information from
the WHOIS record for the domain name, in which case we, or
a third party we designate, will be listed as the
registrant, and in which case you relinquish all rights
and control over the domain name services, and in which
case we may i) continue to point the domain name to IP
address(es) designated by us, or ii) we may delete the
domain name from the applicable registry's database.
ANNOUNCEMENTS: You agree that we may distribute
information to you that is pertinent to the quality or
operation of our Service(s) and the services of your
Primary Service Provider which utilize our Service(s).
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
and/or they may include information or announcements which
ICANN, the registries, or others may require us to
distribute.
LIMITATION OF LIABILITY:
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1)
SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT
LIMITATION, DOMAIN NAME REGISTRATION SERVICES, (2) USE OF
THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME
REGISTRATION SERVICES, (3) INTERRUPTION OF OUR SERVICES OR
INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS
OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A
DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY
RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6)
DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION
OR OTHER MODIFICATION; (7) THE PROCESSING OF AN
APPLICATION FOR A DOMAIN NAME REGISTRATION; (8) LOSS OR
LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF
YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION OF
THE DISPUTE POLICY. Tabligh Inc. ALSO WILL NOT BE LIABLE
FOR 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 AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID
BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO
EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00). BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW.
INDEMNITY: With respect to ICANN, the registry operators,
us, and your Primary Service Provider, as well as the
contractors, agents, employees, officers, directors and
affiliates of such parties, you agree to release,
indemnify, and hold such parties harmless from all
liabilities, claims and expenses, including attorney's
fees and court costs, for third party claims relating to
or arising under this Agreement, the Service(s) provided
hereunder, or your use of the Service(s), including,
without limitation, infringement by you, or by anyone else
using the Service(s) we provide to you, of any
intellectual property or other proprietary right of any
person or entity, or from the violation of any of our
operating rules or policies relating to the Service(s)
provided. When we may be involved in a suit involving a
third party and which is related to our Service(s) to you
under this Agreement, we may seek written assurances from
you in which you promise to indemnify and hold us harmless
from the costs and liabilities described in this
paragraph. Such written assurances may include, in our
sole discretion, the posting of a performance bond(s) or
other guarantees reasonably calculated to guarantee
payment. Your failure to provide such assurances may be
considered by us to be a breach of this Agreement by you
and may, in our sole discretion, result in loss of your
right to control the disposition of domain name services
for which you are the registrant and in relation to which
we are the registrar of record. This indemnification is in
addition to any indemnification required under the UDRP.
REPRESENTATIONS AND WARRANTIES: YOU REPRESENT THAT, TO THE
BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE
REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT
IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE
SERVICE(S) INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY.
YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION
PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE
SERVICE(S) IS ACCURATE. ALL SERVICE(S) ARE PROVIDED TO YOU
"AS IS." EXCEPT FOR OUR STATEMENT REGARDING OUR
ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS
AGREEMENT OR THE SERVICE(S), INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE
NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE
FOREGOING, WE MAKE 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 FROM
SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME
REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL
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 OUR E-MAIL SERVICE(S) OR ANY TRANSACTIONS ENTERED
INTO THROUGH OUR E-MAIL SERVICE(S). NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
GOVERNING LAW: this Agreement, your rights and obligations
and all actions contemplated by this Agreement shall be
governed by the laws of the United States of America and
the State of Washington, as if the Agreement was a
contract wholly entered into and wholly performed within
the State of Washington. You agree that any action to
enforce this Agreement or any matter relating to your use
of the Services shall be brought exclusively in the United
States District Court for the Western District of
Washington, or if there is no jurisdiction in such court,
then in a state court in King County, Washington state.
You consent to the personal and subject matter
jurisdiction of any state or Federal court in King County,
Washington state in relation to any dispute arising under
this Agreement. You agree that service of process on you
by us in relation to any dispute arising under this
Agreement may be served upon you by first class mail to
the address listed by you in your account and/or domain
name WHOIS information or by electronically transmitting a
true copy of the papers to the email address listed by you
in your account and/or domain name WHOIS information.
NOTICES: You agree that any notices required to be given
under this Agreement by us to you will be deemed to have
been given if delivered in accordance with the account
and/or domain name WHOIS information you have provided.
INFANCY: You attest that you are of legal age to enter
into this Agreement.
GENERAL: This Agreement and the UDRP, together with all
modifications, constitute the complete and exclusive
agreement between you and us, and supersede and govern all
prior proposals, agreements, or other communications.
Nothing contained in this Agreement shall be construed as
creating any agency, partnership, or other form of joint
enterprise between the parties. The failure of us to
require your performance 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. In the event that any provision of
this Agreement 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. We will
amend or replace such provision with one that is valid and
enforceable and which achieves, to the extent possible,
our original objectives and intent as reflected in the
original provision. This Agreement may not be amended or
modified by you except by means of a written document
signed by both you and an authorized representative of us.
ADDITIONAL REGISTRY REQUIREMENTS:
Listed below are additional contractual requirements that
you, the registrant, must agree to should you desire to
register a domain name in these registries:
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