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© Copyright
2004-2007
.Surname

HOMEPAGE

 
DRAFT REGISTRATION AGREEMENT

This registration agreement sets forth the terms and conditions of .Surname to pre-register .surname domain names selected by you. To complete the pre-registration process, you must read and agree to be bound by this agreement, the terms and conditions, the dispute policy and the privacy policy. This agreement will become effective if accepted by .Surname. .Surname may accept or reject your offer for any reason in .Surname's sole discretion. Please carefully read this agreement, as well as the other .Surname policies and terms and conditions. This agreement covers all .Surname domain names you pre-register or register with .Surname.

  1. .Surname policies
    You agree to be bound by and comply with the .Surname policies (which are defined to include this agreement, the terms and conditions, the dispute policy, and the privacy policy, all including .Surname's modifications and amendments there to which .Surname may make from time to time) with respect to the domain names. All .Surname policies are incorporated into this agreement by this reference and are enforceable as if written out in full in this agreement.
     
  2. .Surname Fees
     
    1. You will be responsible to pay for all fees associated with domain name services provided by .Surname. The fee for pre-registering or registering a domain name are shown at pre-registration website. Unless otherwise terminated earlier under this agreement, the .Surname policies or at law, the pre-registration of the domain name will be for the time until .Surname domain names become fully registered with offical bodies. The pre-registration may be renewed by you for an additional period when .Surname domain names become fully registered with offical bodies or multiple years may be purchased in advance, each subject to early termination under this agreement, the .Surname policies or at law, provided that you pay renewal fees by those due dates designated by .Surname; it shall be your responsibility to ensure that such fees are paid. Payment must be made by credit card or such other method as we may indicate. Should these fees go unpaid by the time specified in the pre-registration notice, your pre-registration will be cancelled. You agree that .Surname shall have no liability whatsoever with respect to any such cancellation. All fees are non-refundable, in whole or in part, even if your domain name pre-registration is suspended, cancelled or transferred prior to the end of your then current pre-registration term for any reason. .Surname reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Your requested domain name will not be pre-registered unless we receive actual payment of the pre-registration fee, or reasonable assurance of payment of the pre-registration fee from some other entity (such reasonable assurance as determine d by .Surname in its sole discretion).
    2. 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 the payments of the pre-registration fee for your domain name pre-registration or any other fee associated with the domain name services provided by us, you agree and acknowledge that the domain name pre-registration shall be transferred to .Surname as the paying entity for that pre-registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate your domain name pre-registration solely at our discretion, and subject to our receipt of the initial pre-registration or renewal fee and our then-current reinstatement fee.
     
  3. Refund of Fees
    Notwithstanding anything to the contrary, you agree that all fees paid by you to .Surname are non-refundable, in whole or in part, even if the domain name is suspended, cancelled or transferred prior to the end of the then-current pre-registration term by you, by .Surname, for legal reasons (e.g. UDRP) or otherwise.
     
  4. Dispute Policy
    You agree to be bound by the current dispute policy which is incorporated into this agreement by reference. Any disputes regarding the right to use your domain name will be subject to the dispute policy. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold .Surname harmless pursuant to the terms and conditions contained in the dispute policy.
     
  5. Transfer of Domain Name Ownership
    In the event you would like to make change to the name of the registrant of the domain name, you agree that as a condition to any transfer of the domain name, the transferee shall agree in writing to become a party to and be bound by this agreement. You acknowledge and agree that if you attempt to transfer your domain name pre-registration and the entity to which you seek to transfer your domain name fails to agree in writing to be bound by all terms and conditions of this agreement, any such transfer will be null and void, and .Surname shall have the right to immediately, and without prior notice, terminate this agreement and/or suspend, cancel, transfer or modify your pre-registration of the domain name. In addition, you agree that transfers are governed by .Surname's transfer agreement as well as the terms and conditions.
     
  6. Domain Name Pre-Registration Information and Its Use
     
    1. As part of the pre-registration process, you must provide certain information as specified during the .Surname pre-registration process and you must update this information as needed to keep it current, complete and accurate. In the event you fail to provide or maintain accurate this information or in the event that you pre-register a .Surname domain name which obviously is not a www.forename.surname combination like www.hotel.boston, .Surname shall have the right to terminate this agreement and/or cancel, suspend, transfer or modify your pre-registration of the domain name immediately without giving you prior notice. In addition to the information you provide, .Surname maintains other information relating to your pre-registration of the domain name including, among other things, the information referred to in the .Surname privacy statement.
    2. In the event that you provide any information about a third party in connection with your pre-registration of the domain name, you hereby represent and warrant that you have provided notice to, and have obtained consent from, such third party with regard to the disclosure and the use of that third party's information as set forth in this agreement. You further represent and warrant that you will provide such notice and obtain such consent with regard to any third party data supplied to .Surname in the future. .Surname is not responsible for any consequences, if any, resulting from your failure to provide notice or receive consent as contemplated herein or your provision of outdated, incomplete or otherwise inaccurate third party data.
     
  7. Ownership of Data
    You agree and acknowledge that .Surname owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name database and all information and derivative works generated from our domain name database. You further acknowledge and agree that .Surname owns all information .Surname generates or obtains in connection with your pre-registration of the domain name. .Surname does not have any ownership interest in your specific personal information outside of its rights in our domain name database.
     
  8. Websites by .Surname
    You acknowledge and agree that any or all domain names that (a) are registered with .Surname, (b) are hosted on a .Surname domain name server, and (c) do not otherwise resolve to an active website may, by default, resolve to a temporary website provided by .Surname that informs visitors that the domain name has been registered with .Surname. You also agree that .Surname may, in its sole and absolute discretion, place on any of these websites (x) promotions and advertisements for, and links to, .Surname's website, .Surname's products and services, third-party websites, and third-party products and services, (y) internet search results and access to internet search engines, and (z) any other material or content selected by .Surname. You agree that .Surname may change the content and/or appearance of, or disable, any website at any time, in its sole and absolute discretion, and without prior notice. All domain names registered with .Surname will initially be pointed to a website as soon as the technical requirements are enabled. If for any reason you do not wish to have your domain name pointed to a website, you may write us at support(at)surname.biz.
     
  9. Use of the Domain Name
     
    1. You agree that you will not register, use, display or exploit the domain name in contravention or violation of .Surname policies, in contravention of the laws of any jurisdiction where the domain name is accessible, or for any unlawful purpose, including, but not limited to, child pornography, child entrapment or abuse, advocacy of hatred, bigotry or violence towards persons or groups on the basis of their religion, race, ethnicity, gender, sexual orientation or other characteristics, the ft of e-mail service, or as a source of unsolicited bulk e-mail or as an address to use for replying to unsolicited bulk e-mail.
    2. You will register and use, display and exploit the domain name in good faith, in accordance with international and local laws and regulations.
    3. You will not use the domain name to infringe upon or dilute the trademark or other rights of any third party.

    In the event you breach this Section 8, .Surname shall have the right to terminate this agreement and/or cancel, suspend, transfer or modify your pre-registration of the domain name immediately without prior notice.
     

  10. Registrant's Representations and Warranties
    You represent and warrant that:
    1. you have all requisite power and authority to execute this agreement and to perform your obligations hereunder;
    2. if you are registering the domain name on behalf of a third party, you have the authority to bind that third party as a principal party to all terms and conditions provided herein;
    3. to the best of your knowledge, neither the pre-registration of the domain name nor the manner in which you intend to use the domain name will directly or indirectly infringe or dilute the legal rights of any third party;
    4. you understand that use of the domain name may be subject to applicable laws and regulations in all jurisdictions in which the domain name is used or accessible, including those concerning trademarks and other types of intellectual property;
    5. you understand that it is your obligation to determine whether you have the right to use the domain name and to determine whether your use of the domain name will infringe upon or dilute the trademark or other rights of any third party;
    6. .Surname has not made any representation to you, and you have in no way relied on any representations of .Surname, as to your legal ability to register or use the domain name;
    7. you understand that use and transfer of the domain name is subject to all terms and conditions of this agreement and any .Surname policies that are or may be enacted by .Surname;
    8. the information submitted by you to .Surname is true, accurate and correct, and you shall promptly notify .Surname of a change of any information previously submitted to .Surname;
    9. in the event you license the use of the domain name registered to you to a third party, you agree that you shall remain the domain name holder of record, and shall remain responsible for all obligations under this agreement, including, but not limited to, payment obligations, and providing and maintaining accurate required information;
    10. in the event you breach this Section 9, .Surname shall have the right to terminate this agreement and/or cancel, suspend, transfer or modify your pre-registration of the domain name immediately without prior notice; and
    11. in the event .Surname suspends, cancels, transfers or modifies your pre-registration of your domain name or terminates this agreement pursuant to this Section 9, you agree (without implying any limitation to the general applicability of Section 3 to the other parts of this agreement) that you shall not be entitled to a refund of any fees paid by you to .Surname.
       
  11. .Surname Makes No Representations and Warranties
    All domain name pre-registration services provided by .Surname under this agreement are provided on an "as is" and "as available" basis. .Surname makes no representations or warranties of any kind whatsoever, express or implied, in connection with this agreement or its domain name pre-registration services, including but not limited to warranties of merchantability or fitness for a particular purpose, to the maximum extent permitted by law. Without any limitation to the foregoing, .Surname makes no representations or warranties of any kind whatsoever that pre-registration or use of the domain name under this agreement will immunize you either from challenges to the domain name pre-registration, or from suspension, cancellation or transfer of the domain name. In addition, .Surname makes no representations or warranties regarding any minimum number of users who will have access to .Surname domain names
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  12. Indemnification
    You agree to release, indemnify, defend and hold harmless .Surname, its parent, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) a rising from or in connection with this agreement, or your pre-registration or use of the domain name (collectively, the "Claims"). The Claims shall include, without limitation, those based on infringement of intellectual property rights, dilution, privacy rights, tortious interference with contract or prospective business advantage, unfair competition, libel, slander, defamation or injury to business reputation.
     
  13. Disclaimer; Limitation of Liability
    .Surname disclaims any or all loss or liability resulting from, but not limited to, (a) .Surname's rejection of your application to pre-register the domain name; (b) errors related to processing of your application to pre-register the domain name; (c ) application of the dispute policy; (d) use or inability to use the domain name; (e) suspension , termination, cancellation or other loss of your pre-registration of the domain name, or (f) events beyond .Surname's reasonable control. Under no circumstances shall .Surname 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 .Surname has been advised of the possibility of such damages. In no event shall .Surname's maximum aggregate liability exceed the fees actually paid by you to .Surname. because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, .Surname's liability is limited to the extent permitted by law.
     
  14. Breach and Revocation
     
    1. .Surname reserves the right to suspend, cancel, transfer or modify your pre-registration of the domain name and/or terminate this agreement in the event you materially breach this agreement or other .Surname policies and do not cure such breach within thirty (30) days of notice by .Surname, except where this agreement provides that .Surname may take such actions immediately without prior notice to you.
    2. You agree that .Surname shall have the right in its sole discretion, to suspend, cancel, transfer or otherwise modify your pre-registration of the domain name in the event .Surname receives a properly authenticated order from a court of competent jurisdiction, arbitration award, or pursuant to any World Intellectual Property Organization ("WIPO") procedure, requiring the suspension, cancellation transfer or modification of your pre-registration of the domain name. In the event .Surname suspends, cancels, transfers or modifies your pre-registration of the domain name or terminates this agreement pursuant to this Section 14(b), you agree that you shall not be entitled to a refund of any fees paid by you to .Surname.
    3. You agree the pre-registration of the domain name is subject to suspension, cancellation or transfer by .Surname to correct mistakes by .Surname in administering or registering the domain name or the .Surname policies within thirty (30) days from the pre-registration date. In the event we cancel or transfer the domain name pre-registration within such thirty (30) day period, we agree to refund to you any applicable fees you have paid. You agree that .Surname will not be liable to you for any loss or dam ages that may result from our suspension, cancellation or transfer of the domain name pre-registration.
       
  15. Policy Modifications
    You agree that .Surname shall have the right, in its sole discretion, to modify the terms and conditions of this agreement or .Surname policies from time to time. Any modification by .Surname shall be binding and effective immediately upon posting of the modified agreement or modified .Surname policies on .Surname's website, except for modifications to the dispute policy, which shall be effective thirty (30) days from posting on the Site. You agree to review .Surname's website from time to time to be aware of any such modifications. If you do not agree with any such modification, your sole remedy is to terminate this agreement (thereby canceling your pre-registration of the domain name) by providing .Surname with notice of your intention to terminate this agreement. Not ice of your termination shall be effective upon .Surname's receipt of such notice. You hereby agree that .Surname will not refund any fees paid by you to .Surname in the event you terminate this agreement. By continuing to use the domain name after a modification becomes effective, you agree to abide by and be bound by such modification.
     
  16. Notices
    Notices to you may be made via voice messages, email or regular mail. Notices to you shall be delivered in accordance with the contact information you have provided. Notices to .Surname shall be delivered in writing to the following address, unless we post a different address at .Surname's Site, in which case notices to .Surname shall be delivered to that address: Trenoma Limited, 69 Great Hampton Street, Birmingham, West Midlands, B18 6EW, United Kingdom
     
  17. Main agreement
    This agreement is intended by .Surname and you to be binding on both of us with respect to each .Surname domain name you pre-register with .Surname. Although you need only accept this agreement once, .Surname and you agree that each domain name purchase shall constitute a separate transaction between us governed by an identical copy of this agreement. In the event this agreement is deemed breached by either party, is terminated by either party, or is found to be unenforceable in whole or in part by any authority with jurisdiction, with respect to a particular transaction, such event shall not affect any other transaction or agreement between us.
     
  18. General
    This agreement and the .Surname policies, together with all amendments or modifications to all of them, constitute the complete and exclusive agreement between you and .Surname, and supersedes all prior proposals, agreements or other communications. This agreement shall be governed by, construed and enforced in accordance with the laws of the United Kingdom, without regard to its conflicts of law principles. You shall bring any action under this agreement only in courts located in United Kingdom. You expressly consent to the jurisdiction of said courts. You hereby waive any right to object to venue or jurisdiction based on inconvenient forum or for any other reason and waive all rights, if any, to a trial by jury. If any provision of this agreement is held invalid, unenforceable, or void, the remainder of the agreement shall not be affected thereby and shall continue in full force and effect as nearly possible to reflect the original intention of .Surname and registrant in executing this agreement. The failure of either party at any time to enforce any right or remedy available to it under this agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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